Veterans 2nd Amendment Restoration Act of 2025
The Veterans 2nd Amendment Restoration Act of 2025 would do two main things. First, it requires the Secretary of Veterans Affairs (VA) to notify the Attorney General within 30 days that the basis for VA sharing certain veterans’ personally identifiable information with the Department of Justice (DOJ) for use in the National Instant Criminal Background Check System (NICS)—a basis tied to paying benefits to a fiduciary under 38 U.S.C. 5502—is improper, no longer applies, or does not apply. In effect, this seeks to reevaluate or potentially curtail that data-sharing arrangement that supports background checks for firearms. Second, it narrows how VA findings of mental incompetence or fiduciary requirements affect firearm prohibitions. Specifically, it states that a VA determination of mental incompetence or fiduciary need cannot by itself be used to label a person as “mentally defective” under federal firearms law (18 U.S.C. 922), thus limiting one pathway that could bar an individual from firearm possession. Overall, the bill aims to limit certain VA-to-DOJ information sharing used for gun background checks and to protect veterans from automatic firearm disqualification based solely on some VA determinations of mental status or fiduciary needs.
Key Points
- 1Notifying basis for data sharing: The Secretary of Veterans Affairs must notify the Attorney General within 30 days of enactment that the basis for VA sharing beneficiary information with DOJ for NICS—connected to fiduciary payments under 38 U.S.C. 5502—is improper, no longer applies, or does not apply.
- 2Legal citation emphasis: The notification must be done in accordance with 34 U.S.C. 40901(e)(1)(D), tying the requirement to the federal framework governing background checks and privacy protections.
- 3Narrowing “mentally defective” triggers: For purposes of 18 U.S.C. 922, a person shall not be treated as having been adjudicated mentally defective solely because the VA has determined they are mentally incompetent (under 38 CFR 3.353) or that they require a fiduciary (38 U.S.C. 5502).
- 4Scope of effect on firearm prohibitions: The bill would prevent VA determinations of mental incompetence or fiduciary status from automatically serving as a basis to label someone as “mentally defective” for firearms restrictions.
- 5Legislative status: Introduced in the 119th Congress, H.R. 496, with sponsorship noted as Mr. Crane; referred to both the Veterans’ Affairs and Judiciary committees.