Senator Rick Scott (R-FL) joined Senators John Kennedy (R-LA) and Jerry Moran (R-KS), along with 13 of their colleagues Monday, introduced the Veterans 2nd Amendment Protection Act. The legislation aims to protect veterans’ Second Amendment rights by ensuring they are not stripped of their ability to purchase or own firearms simply because they receive assistance managing their Department of Veterans Affairs (VA) benefits.
The bill, which has garnered support from prominent veterans’ organizations and gun rights advocates, addresses a longstanding issue where veterans who appoint a fiduciary to help manage their VA benefits are automatically reported to the FBI’s National Instant Criminal Background Check System (NICS).
This practice has led to veterans losing their gun rights without due process, even if they are not deemed a danger to themselves or others.
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Senator Rick Scott emphasized the importance of protecting veterans’ constitutional rights, stating, “I’m proud to stand with our veterans to ensure equal protection of their rights with the Veterans 2nd Amendment Protection Act. Our veterans have fought to protect our nation and defend our rights, and they deserve to be treated fairly with the same due process under the law.”
Senator John Kennedy, a lead sponsor of the bill, criticized the VA’s current policy, saying, “Our veterans should not receive less due process rights than other Americans just because they served our country and asked the federal government for a helping hand. Unelected bureaucrats are punishing veterans by forcing them to choose between their Second Amendment rights and getting the help they need. This bill puts an end to that unfair practice.”
Senator Jerry Moran echoed these sentiments, adding, “Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights. This legislation ensures that veterans are not penalized for receiving the support they have earned and deserve.”
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The Veterans 2nd Amendment Protection Act would prohibit the VA from transmitting a veteran’s personal information to NICS unless a judicial authority determines that the individual poses a danger to themselves or others. This change would provide veterans with the same due process protections afforded to other Americans.
Representative Mike Bost, Chairman of the House Committee on Veterans’ Affairs, introduced companion legislation in the House of Representatives. Bost highlighted the urgency of the issue, stating, “Veterans should not be treated like second-class citizens simply because they need help managing their finances. Without a permanent fix, VA bureaucrats can continue to strip veterans of their Second Amendment rights without a court ruling. This bill ensures veterans’ due process and constitutional rights are protected for good.”
The legislation has received widespread support from veterans’ organizations, including Vietnam Veterans of America, Veterans of Foreign Wars, The American Legion, and the Military Order of the Purple Heart. Gun rights groups such as the National Rifle Association, Gun Owners of America, and the National Shooting Sports Foundation have also endorsed the bill.
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Vietnam Veterans of America President Jack McManus praised the bill, saying, “This legislation is a critical step toward ensuring that veterans are not unfairly penalized for seeking the assistance they need. It upholds their constitutional rights while respecting their service and sacrifice.”
The Veterans 2nd Amendment Protection Act comes as part of a broader effort to address concerns about veterans’ access to mental health care and other VA services. Many veterans have reported avoiding VA assistance out of fear of losing their gun rights, which can deter them from seeking the support they need.
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