Veterans 2nd Amendment Protection Act
The Veterans 2nd Amendment Protection Act would, if enacted, restrict the Department of Veterans Affairs (VA) from sharing veterans’ or beneficiaries’ personally identifiable information with the Department of Justice (DOJ) for the National Instant Criminal Background Check System (NICS) in certain situations. Specifically, the bill prohibits the VA Secretary from transmitting information to DOJ solely because benefits are being paid to a fiduciary for a beneficiary, unless a judge or other competent judicial authority has ordered that the beneficiary is a danger to themselves or others. The bill also requires a formal notification to the Attorney General if the basis for such transmittals no longer applies. In addition, it narrows VA’s use of mental-health determinations in relation to gun background checks by clarifying that a finding of mental incompetence or a fiduciary requirement cannot, by itself, label a person as “mentally defective” for NICS purposes. Overall, the measure aims to protect veterans’ privacy and Second Amendment rights by limiting VA-to-DOJ data sharing unless specific judicial findings exist. The bill would insert several new sections (5501B, 5501C, 5501D) into title 38, United States Code, and would require clerical amendments to reflect these changes. It would also amend the title to reflect the broader purpose of prohibiting certain transmittals and related mental health determinations from being used to disqualify individuals through NICS.
Key Points
- 1Prohibition on transmittal to DOJ for NICS based solely on fiduciary payments
- 2- The Secretary may not transmit personally identifiable information of a beneficiary to DOJ for NICS if the basis is paying benefits to a fiduciary under 38 U.S.C. 5502, unless there is a court finding that the beneficiary is a danger to themselves or others.
- 3New 5501B: Prohibition on transmittal of certain information
- 4- The bill adds a specific new section to codify the prohibition described above and to require the related clerical table update.
- 5Requirement to notify lack of basis for transmittal
- 6- 5501C requires the Secretary to notify the Attorney General within 30 days of enactment that the basis for past or current transmittals does not apply or no longer applies, aligning with Brady Act procedures.
- 7Mental incompetence alone not sufficient to label as mental defective
- 8- 5501D provides that a person’s mental incompetence determination cannot, on its own, cause them to be treated as “mentally defective” for NICS purposes if the basis is solely that the person is mentally incompetent or requires a fiduciary.
- 9Administrative and labeling changes
- 10- Clerical amendments add the new sections to the chapter’s table of sections, and the title is amended to reflect the bill’s broader purposes related to privacy and firearm background checks.