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May 21, 2026
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Download official House Record PDFReturn to issue contextMr. BOST. Mr. Speaker, pursuant to House Resolution 1300, I call up the bill (H.R. 1041) to amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the National Instant Criminal Background Check System, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1300, the amendment in the nature of a substitute recommended by the Committee on Veterans' Affairs, printed in the bill, is adopted and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 1041
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Veterans 2nd Amendment
Protection Act”.
SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS
TRANSMITTAL OF CERTAIN INFORMATION TO THE
DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.—Chapter 55 of title 38, United States
Code, is amended by inserting after section 5501A the
following new section:
“Sec. 5501B. Prohibition on transmittal of certain
information to the Department of Justice for use by the
national instant criminal background check system
“The Secretary may not transmit to any entity in the
Department of Justice, for use by the national instant
criminal background check system established under section
103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901; Public Law 103-159; 107 Stat. 1541), personally
identifiable information of a beneficiary, solely on the
basis of a determination by the Secretary to pay benefits to
a fiduciary for the use and benefit of the beneficiary under
section 5502 of this title, without the order or finding of a
judge, magistrate, or other judicial authority of competent
jurisdiction that such beneficiary is a danger to themselves
or others.”.
(b) Clerical Amendment.—The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 5501A the following new
item:
“5501B. Prohibition on transmittal of certain information to the
Department of Justice for use by the national instant
criminal background check system.”.
SEC. 3. NOTIFICATION OF LACK OF BASIS FOR THE SECRETARY OF
VETERANS AFFAIRS TO HAVE TRANSMITTED CERTAIN
INFORMATION TO THE DEPARTMENT OF JUSTICE FOR
USE BY THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) In General.—Such chapter (as amended by section 2) is
further amended by inserting after section 5501B the
following new section:
“Sec. 5501C. Notification of lack of basis for transmittal
of certain information to the Department of Justice for use
by the national instant criminal background check system
“The Secretary shall, within 30 days of the enactment of
the Veterans 2nd Amendment Protection Act, and in accordance
with section 103(e)(1)(D) of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901(e)(1)(D); Public Law 103-159;
107 Stat. 1541), notify the Attorney General that the basis
for the transmittal, on or after November 30, 1993, by the
Secretary, of personally identifiable information of a
beneficiary, solely on the basis of a determination by the
Secretary to pay benefits to a fiduciary for the use and
benefit of the beneficiary under section 5502 of this title,
to any entity in the Department of Justice, for use by the
national instant criminal background check system established
under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901; Public Law 103-159; 107 Stat. 1541),
does not apply, or no longer applies.”.
(b) Clerical Amendment.—The table of sections at the
beginning of such chapter (as amended by section 2) is
further amended by inserting after the item relating to
section 5501B the following new item:
“5501C. Notification of lack of basis for transmittal of certain
information to the Department of Justice for use by the
national instant criminal background check system.”.
SEC. 4. DETERMINATION BY THE SECRETARY OF VETERANS AFFAIRS
THAT A PERSON IS MENTALLY INCOMPETENT IS
INSUFFICIENT TO TREAT SUCH PERSON AS A MENTAL
DEFECTIVE.
(a) In General.—Such chapter (as amended by sections 2 and
3) is further amended by inserting after section 5501C the
following new section:
“Sec. 5501D. Determination of mental incompetence is
insufficient basis to treat a person as a mental defective
“The Secretary shall not treat a person as having been
adjudicated as a mental defective solely on the basis that
the Secretary has determined that such person—
“(1) is mentally incompetent under section 3.353 of title
38, Code of Federal Regulations (or successor regulation); or
“(2) requires a fiduciary under section 5502 of this
title.”.
(b) Clerical Amendment.—The table of sections at the
beginning of such chapter (as amended by sections 2 and 3) is
further amended by inserting after the item relating to
section 5501C the following new item:
“5501D. Determination of mental incompetence is insufficient basis to
treat a person as a mental defective”.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour, equally divided and controlled by the chair and ranking minority member of the Committee on Veterans' Affairs, or their respective designees.
The gentleman from Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each will control 30 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material in the Record on H.R. 1041, as amended.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Illinois?
There was no objection.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of my bill, H.R. 1041, as amended, the Veterans 2nd Amendment Protection Act.
The choice before the House today is clear: whether those who defended our freedom deserve the same constitutional protection as nonveterans.
veterans and beneficiaries to the FBI's National Instant Criminal Background Check System, also called NICS, simply because they needed help managing their VA benefits.
judge or a medical professional determined they were a danger to themselves or others. VA reported them to NICS simply because they needed help managing their benefits. That was the policy for over three decades, Mr. Speaker.
this interpretation of the law is wrong. That is why I have long- championed this bill, as well as my bipartisan provision in this, the yearly VA appropriation bill, to prohibit VA's fiduciary program from reporting veterans' names to NICS.
This is a bill about due process. Most importantly, it is about protecting our veterans' Second Amendment rights. It is time we put a permanent end to the practice of treating our veterans' Second Amendment rights as an option and pass H.R. 1041.
process to say that a veteran with a fiduciary should be treated as a second-class citizen. Our veterans raise their right hands to defend the constitutional rights of American citizens. I know because I was one of them, and I took that responsibility seriously.
{time} 1220
defend their rights, Ranking Member Takano and our colleagues on the other side of the aisle voted “no.”
Mr. Speaker, it is an unfortunate fact that some Members in this Chamber plan to defend this discriminatory practice. Generally, a civilian cannot lose their Second Amendment rights without involvement from a judge, but veterans did for three decades. Democrats would prefer they continue to.
Mr. Speaker, that is not due process. This is an antigun, antiveteran agenda. If a veteran poses a legitimate threat to themselves or others, judges already have legal tools available to them. Let me say that again. Judges already have legal tools available to them. A veteran should receive the same rights as every other American.
There is also something else that I want to raise: the false assumption that disabled veterans are dangerous and the harmful assumption that the capacity to manage your finances has any bearing on dangerousness or that you are dangerous, as well. Those sorts of cartoon-like simplifications cause those with disabilities to face extra hurdles when exercising their rights. It is unacceptable, and, as a veteran, I am not going to stand for it anymore.
themselves or others simply because they need help managing their benefits. Holding veterans to the evidence-less standard is outrageous. Frankly, it paints the veterans' mental health issues in a way that should concern everyone. Over 200,000 veterans were reported to the NICS list under this practice. Let me say it again: 200,000 veterans.
wiping the list clean. I want to be clear that no person, veteran or otherwise, reported to NICS by a State judge, law enforcement agency, or other reporting bodies for any other reason was removed.
Mr. Speaker, I am tired after 10 years of delays. Democrats want a system where veterans are presumed guilty and a system where veterans are forced to prove their innocence.
In America, constitutional rights are God-granted rights. Veterans should never have to choose between assistance and preserving their constitutional rights, and veterans with disabilities should not be discriminated against.
the ultimate sacrifice. Let us also remember the freedoms and the people who they sacrificed it for.
Mr. Speaker, I urge all Members to support H.R. 1041, as amended, and I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong opposition to this bill and I urge my colleagues to vote against it, as well.
Military Appreciation Month. We are also here a few days before Memorial Day, when we honor those who gave all to defend our country, so the cruel irony of the majority choosing to consider this bill now is not lost on me.
time Republicans are playing political games with the lives of veterans.
country. Americans of all stripes lack access to the resources necessary to properly care for their mental health—or fail to fully realize them—and they suffer because of this crisis.
challenges due to service-connected mental health conditions. Many veterans can access mental health care through the VA, but those not connected to VA care may face additional challenges seeking resources and support.
country, our Nation's mental health crisis is one of the many contributors to the epidemic of suicide and gun violence in America.
Let me just cite a few examples: Lewiston, Maine; Thousand Oaks, California; Sutherland Springs and Fort Hood, Texas; New Orleans, Louisiana; Jasper, Georgia; and countless others. The absolute tragedy of veteran suicide remains persistent.
declined as far and as fast as we would like it to. More than 6,500 veterans die by suicide each year, and more than 70 percent of those suicides are deaths by firearms.
a firearm than their nonveteran peers. So why, knowing all of that, do we find ourselves debating a bill today that will only lead to more firearms in the hands of the most vulnerable veterans in VA care? The answer is pure and simple: politics.
This bill is not about the Second Amendment. It is about Republicans invoking their favorite political shield whenever they need to distract from their failure to govern. They have brought versions of this bill to the floor and in committee. They have brought it up again and again for nearly a decade and usually when they want an election-year fight, not a serious veterans policy debate.
Veterans should know exactly what is happening here. The majority is using the Second Amendment as branding for a bill that has nothing to do with veterans losing rights for seeking care. That is not happening.
stigma, and using vulnerable veterans as props in a political fight. More specifically, Republicans desire to invoke the sacred Second Amendment and use the issue of access to firearms for political gain, and that is what is driving this conversation.
me, and it should be to them, as well. What we will hear from Republicans is that fear of having their Second Amendment rights encroached upon leads to a reluctance of veterans to seek mental health care. That is true, but that very fear is being stoked by the stage that they have set for today's debate.
away if you seek help is what is fueling the harmful stigma. Under no circumstances does seeking mental health care at the VA lead to a loss of rights or firearms, and if the Republicans were interested in the truth, they would acknowledge that.
that veterans' due process rights are being violated and that veterans are having their rights stripped away unconstitutionally by bureaucrats at the VA. Again, not true and false on many fronts.
constitutional muster. We are going to hear from Republicans that the VA's decision to assign someone a fiduciary and subsequently add their name to the NICS list is based on whether someone can balance their checkbook or whether they can manage their benefits. Again, another blatant falsehood.
{time} 1230
or injury that prevents a beneficiary from managing their own affairs. Let me say that again: The VA's decisions are based on a diagnosis of severe mental illness or injury that prevents a beneficiary from managing their own affairs.
what they would call a bureaucrat. It is documented in medical records by a clinician and interpreted by someone trained in reading those medical records. At no point is anyone just given a mere math test.
Mr. Speaker, at times I feel like we are screaming into the void regarding gun violence. How many more preventable deaths and injuries will we tolerate? How many veterans will we let languish in a spiral that leads to it? When will we stop political posturing and start making meaningful change to actually help veterans?
This bill is certainly not accomplishing that task. Unfortunately, my counterparts have lost sight of the truth at the heart of this issue. What is at the heart of this issue is the veterans' health and safety.
protecting constitutional rights. It is not. It is about recycling a decade-old talking point, stoking fear about VA care, and hiding behind the Second Amendment because they do not have a serious governing agenda.
rhetoric of the majority is not based on the reality of the situation but, rather, it is based on their desire to use veterans as pawns in their election-year political games.
Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as a veteran, I find this argument offensive, that veterans with fiduciaries are dangerous. This is simply not true. There is no evidence provided that veterans with fiduciaries are any more violent, suicidal, or dangerous than nonveterans.
managing their finances should be treated as though they were presumed dangerous. Now, he can say that that is not the case, but there are over 200,000 people who would argue differently.
that should take away your Second Amendment right. Yes, veterans struggle with suicide and mental health greater than the rest of the population. Yes, those financial hardships often face negative thoughts, but the problem facing the veterans are separate and distinct.
They deserve to be treated as such. That is why we have a VA that spans everything from healthcare to benefits. If someone is truly a danger to themselves or others, there are medical and legal professionals who can stand by and address these issues just like it is for those people who are nonveterans. H.R. 1041 does not change that fact. It simply dispels harmful stereotypes.
Mr. Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. Van Orden), my good friend, who has been a veteran who served beside veterans, his combat brothers and sisters, and knows what veterans face.
Mr. VAN ORDEN. Mr. Speaker, I rise in strong support of this bill. “A well regulated militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” That is the entire text of the Second Amendment.
bore arms to protect the freedoms of our fellow Americans. It is critically important.
right to bear arms removed, I would argue that this entire body could not legally carry arms because we are incapable of balancing a checkbook, and that has been proven over decades.
I implore the minority to look at veterans for who we are. We are patriotic, loving Americans, but this supersedes the Second Amendment. Ninety-seven percent of all referrals to the NICS database come from the VA. Sixty percent of veterans who commit suicide have not been connected to the VA, and a significant reason that our veterans don't go to the VA is because they are concerned that they are going to lose their Second Amendment rights.
suicide, so I take this very seriously. I commend Mr. Takano for having the 988 veteran suicide crisis line number behind him. I thank him for that. I know my colleague does not want our veterans to commit suicide, but this is how they are going to do it because my fellow veterans refuse to go to the VA because they refuse to give up their constitutional right to keep and bear arms.
Mr. TAKANO. Mr. Speaker, let me address this issue of who is actually in the fiduciary program. Let's talk a moment about the population that this bill is intended to cover, those who are actually in the fiduciary program.
schizophrenia, significant traumatic brain injury,
post-traumatic stress, bipolar disorder, and dementia. These are people who meet the level of injury or illness criteria such that they cannot manage their personal affairs, not just their checkbook.
I have heard this argument over and over again by the majority. Oh, people are being denied, veterans are being denied access to firearms because they can't balance their checkbook. No, no, no. This is not to be reduced to that talking point.
We should be looking to these veterans with care and compassion. We should look at how to better serve their needs regarding access to consistent care and treatment. All these disorders are associated with elevated risk of dangerousness to self and others—suicide in particular—especially when combined with a host of other factors that are actually concentrated in the veterans population.
have poor financial management abilities are also two times more likely to have substance abuse disorders, suicidal ideation, or engage in violent behavior and be in the justice system.
checkbook and those who are more explicitly dangerous to themselves or others is not warranted and, in fact, could cause more veterans to slip through the cracks.
that exist related to the population of beneficiaries in the fiduciary program. I, for one, would like to know more about the veterans that are in the fiduciary program.
flaws. Instead of seeking to understand who is in this population, the majority rejects any attempt to know more about them.
who don't have the opportunity to get off that list, that there is a lack of a robust appeals process. He cites 200,000 veterans being named in this list because they are assigned a fiduciary and cites that there is only maybe a couple of folks who have ever appealed. He cites that as a failure of the appeals process, but maybe it is the other way around. Maybe it is not really what veterans want to do who are on this list. I would like to know that for sure, and we could study that, but the majority has rejected all attempts.
population of veterans deemed to be financially incompetent who have historically been reported to the NICS list and whether they, on average, have elevated rates of suicidality or violence.
{time} 1240
to purchase or own firearms. We don't even know if people on this list actually want to own firearms.
major impediment to seeking help or if other factors are more important.
is a major impediment to seeking help is a claim being made that has not been borne out by any sort of research or study.
data gaps, and they were universally rejected by the majority because, again, this is not about policymaking to them. This is not about really trying to understand what we can do to help veterans.
about the absoluteness of the Second Amendment, and they have made this argument in the absence of data to push legislation without safeguards that will have real-life consequences.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Wasserman Schultz), my good friend and the ranking member of the Subcommittee for Military Construction, Veterans Affairs, and Related Agencies of the Appropriations Committee.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank my friend Ranking Member Takano for his leadership on the committee. I know he feels just as strongly as I do on this issue. That is why I must rise in opposition to this bill today.
to take their lives. That number is simply unacceptable to me, as I know it is to all of my colleagues, but I am deeply concerned that, with this bill, we are about to make it worse.
The current law was written to help protect veterans. A key moment is when their doctor and care team deem that they are not able to manage their own life and are deemed to be mentally incapacitated.
and potentially harming themselves. The VA should be able to refer veterans to NICS who are at the most risk for the purpose of saving lives, but this legislation will permanently tie the VA's hands.
and Related Agencies Subcommittee, I have opposed this legislation every time it has been attached to our bill, in the name of protecting veterans.
the MILCON-VA bill, this provision was raised multiple times, but, Mr. Speaker, I heard something different this year. There are some core agreements. There is a glimmer of hope.
veterans and keeping them safe. While we disagree about this legislation, I think that there is a path forward to a bipartisan compromise, a compromise that could allow the VA to do the work that we need to save lives, the work that we directed them to do, and that also respects the choices of some of our veterans.
In the meantime, I must urge my colleagues to vote “no” on this legislation that is attempting to use a sledgehammer where a scalpel can do the job.
Mr. Speaker, I urge a “no” vote.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
whenever we said that they actually were having some mental problems, the issue where the ranking member actually said that we only take it away and then they have an appeals process, and that that appeals process is a great appeals process. Mr. Speaker, 240,000 veterans have had their rights taken away, and through the appeals process, less than 800 got them back—less than 800.
Amendment rights. There is nothing in our Constitution that forces you to use your Second Amendment rights. Mr. Speaker, constitutional rights do not become less important simply because ignoring them is convenient.
matters the most. My colleagues say we should respond with more studies. That is what they want, more studies. A peer-reviewed study is not standing for the rights granted to every American citizen of our Nation. Who should keep their rights more than the people who stood up and fought for them?
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Georgia (Mr. Clyde).
Mr. CLYDE. Mr. Speaker, I rise in very strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act.
valiantly served our Nation but whose constitutional right to bear arms has been stripped away by unelected bureaucrats.
“adjudicated as a mental defective”—and the keyword is “adjudicated”—from possessing or acquiring firearms. This restriction is enforced primarily through the National Instant Criminal Background Check System.
disabled veterans to receive their hard-earned benefits through a fiduciary when the VA determines they are unable to manage their own finances.
lack adequate mental health training. When the VA makes such a determination, the veteran is automatically reported to NICS as a mental defective, and there is no actual adjudication, resulting in the loss of their Second Amendment rights.
danger to themselves or others. In other words, service-disabled veterans who simply need assistance with financial matters can be stripped of their constitutional rights, not by a judge but by an unelected bureaucrat.
receive the benefits they rightly earned and risk their Second Amendment rights or retain their constitutional rights and risk their veteran benefits. This is a shameful and unjust dilemma, particularly for those who risk their lives in defense of our freedoms.
that Congress took an important first step toward addressing this injustice through the annual appropriations process. The FY24 enacted Consolidated Appropriations Act and subsequently enacted appropriations bills have included language directing the VA to cease this practice.
Affairs Doug Collins confirmed the VA has complied with the current law and will no longer report veterans to NICS solely because of their need for a fiduciary.
to what this body can accomplish when we stand up for those who serve in our military, but that progress is only temporary and will not remain unless we pass the bill before us today to make it permanent.
that appropriations victory and ensures these protections are permanently codified so that no future administration can reverse course and once again use a veteran's need for financial assistance as grounds to unilaterally revoke their God-given Second Amendment rights.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
that those on the other side of the aisle can't help themselves but to spread.
We have heard that H.R. 1041 is a matter of restoring veterans' due process rights, that it is a matter of veterans losing their guns if they need a little help with their finances, and that veterans are stripped of their rights to bear arms for life by unelected VA bureaucrats. None of this is true.
mental health care. Under no circumstances is VA traipsing around the country confiscating firearms.
This is a story that needs to stop being told. I would encourage my colleagues to stop intentionally spreading misinformation.
care, has absolutely no role in this process and absolutely no communication with the Department of Justice or the NICS list.
Stop spreading the false fear or the false basis for fear. Start telling the truth.
program. A veteran can appeal the assignment of a fiduciary and their subsequent reporting to NICS both before and after the fact, including in Federal court.
choose to appeal this decision. That is not because it is too difficult but because it is a pathway that veterans simply are not choosing or simply don't desire.
been injured or made ill in such a way that they cannot make decisions for themselves.
To be clear, this is not something VA launches into without regard.
{time} 1250
based—medically-based—process to determine their needs for a fiduciary. The decision is not some flippant choice to take away weapons by unelected bureaucrats over a math test as we often hear. An assignment of a fiduciary is done after highly specific criteria are met, and only then, when those criteria are met, does a veteran's name get forwarded to the NCIS database.
Why are we assuming guilt and barring them from obtaining weapons?
This is a rhetorical flourish. It is also fantastical. Veterans are not being treated like criminals. They are being handled in a manner that is commensurate with their medical status as determined by a medical provider in order to protect them and those around them from potential harm.
Mr. Speaker, I yield 2 minutes to the gentlewoman from the great State of Georgia (Mrs. McBath), who is my good friend and a passionate advocate for gun safety in America.
Mrs. McBATH. Mr. Speaker, I thank the ranking member for allowing me to share some insight today.
Mr. Speaker, as an American and someone coming from a military family—my father was a dentist in the Army Dental Corps, and I still have three members of my family today who are currently serving in the military forces—I can tell you that our veterans have given so much of themselves to this country.
We owe them our protection. The Veterans 2nd Amendment Protection Act fails that duty. It does not protect them, and it puts them in danger.
The facts are clear. Veterans are far more likely to die by firearm suicide than the average American. That risk is even higher for veterans assigned a fiduciary when they can no longer manage their own affairs. That is the group that this bill targets. Nearly 100,000 of them would be removed from the background check system with no thought for their safety or the families who love and care for them.
regulations that are flooding our communities, veterans and their families are the ones who are paying the price.
Mr. Speaker, I will tell you what this price looks like.
but as a different man. He was 30 pounds lighter, unable to eat and unable to cope with what he had experienced and seen in war. He was getting help at the VA, but his family could see that he was in crisis. His sister and his father drove from gun store to gun store, showing his photo, begging strangers not to sell him a gun.
However, that wasn't enough. Ben died by suicide. He used a gun that he bought himself at a local store.
get talked about in the news. We owe our veterans more than this. It is not about taking away their Second Amendment rights if they are law- abiding gun owners: hunters, gun enthusiasts, and sportsmen. It is not about taking their guns away. It is about making sure that they are protected against harm against themselves or others in their families and their communities.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. TAKANO. Mr. Speaker, I yield an additional 30 seconds to the gentlewoman from Georgia.
Mrs. McBATH. Mr. Speaker, I will vote “no” on this egregious bill, and I urge my colleagues to do the same.
Mr. Speaker, if you really care about veterans, then do what is right for them. Do what is right for their safety and their protection.
Mr. BOST. Mr. Speaker, I yield 2 minutes to the gentlewoman from Wyoming (Ms. Hageman).
Ms. HAGEMAN. Mr. Speaker, I rise in strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act because I do, in fact, care about our veterans.
the misguided policy that a veteran's fiduciary status alone, absent any judicial order, is grounds to report such a veteran to
the FBI's National Instant Criminal Background Check System.
This policy is wrong. It not only infringes on the Second Amendment rights of our veterans, but it also strips them of their due process protections, which are afforded to every other American citizen.
lead by halting this policy. It is now up to Congress to ensure this kind of abuse is never witnessed again.
Mr. Speaker, our courageous veterans have made incredible sacrifices to safeguard both our country and our founding freedoms and principles that we cherish every single day. With over 40,000 veterans across Wyoming, ensuring that we are permanently restoring the Second Amendment rights for each of them is of paramount importance to me, and that is precisely what this bill will do.
I am proud to be a cosponsor of this bill. I want to thank Chairman Bost and the House Veterans' Affairs Committee for their tireless leadership on this critical issue, and I urge all my colleagues to support H.R. 1041.
Mr. TAKANO. Mr. Speaker, I yield 4 minutes to the gentlewoman from the great State of Minnesota (Ms. Morrison). Dr. Kelly Morrison is my good friend and fellow committee member.
Ms. MORRISON. Mr. Speaker, I rise in strong opposition to H.R. 1041, legislation that would prevent VA from keeping firearms out of the hands of some of the most vulnerable veterans in the VA system.
about making sure our veterans receive the care we owe them for their service. Like my colleagues, I am heartbroken and appalled by the scale of veteran suicides in our country, and I remain committed to working with my colleagues to end this epidemic.
medical evidence, and there already exist multiple avenues for beneficiaries to appeal VA's decision. In addition, we know that many of these veterans suffer from severe mental illness or impairment and may face an increased risk of death by suicide.
people who die by suicide suffered from a known mental health condition. In addition, a recent VA estimate suggested that veterans are 57 percent more likely to die by suicide than nonveterans.
own, we must be cognizant of veterans who might be at a greater risk than the general population.
As public health and suicide prevention experts will tell you, Mr. Speaker, putting time and distance between a firearm and a person experiencing a mental health crisis is essential to preventing a successful suicide attempt.
risks putting more firearms in the hands of a population of veterans who are already at an increased risk of death by suicide.
Committee, I offered an amendment that would have made a carve-out for veterans suffering from severe conditions, such as schizophrenia, dementia, Alzheimer's, and other mental conditions with psychotic features.
the floor today fails to include even the most basic safeguards for veterans suffering from these severe impairments.
easier for veterans suffering from severe mental illness or impairment to obtain a gun is not the answer.
H.R. 1041 creates serious risks for a group of veterans who are already in a vulnerable position, and I cannot support it.
veterans at risk, we should be working together to advance solutions that will help us fight veteran suicide, like improving access to timely mental health care, protecting crisis intervention resources such as the Veterans Crisis Line, and ensuring VA has the resources and staffing it needs to give our veterans the outstanding care they deserve.
Mr. Speaker, I urge my colleagues to vote “no” on this legislation. For this reason, at the appropriate time I will offer a motion to recommit this bill back to committee. If the House rules permitted, I would have offered the motion with an important amendment to this bill.
the VA Secretary certifies that it will not lead to an increase in veteran suicide using a firearm.
won't risk increasing the rate of veteran suicide, then this should be an easy measure for them to support.
Mr. Speaker, I ask unanimous consent to insert the text of this amendment into the Record immediately prior to the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Minnesota?
There was no objection.
Ms. MORRISON. I hope my colleagues will join me in voting for the motion to recommit.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want you to listen to what the previous speaker just said.
someone has these other concerns, that she would offer an amendment to that. However, let me explain to you that if we grant them their constitutional rights, Mr. Speaker, they already have that ability.
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be treated exactly the same as a person that does not serve in the military and does not go to the VA.
Let me explain this again. This is not about gun rights. This is not about dealing with our veterans that might commit suicide or anyone else that might commit suicide. This is about the constitutional right of a veteran who has fought for those rights that a bureaucrat has the power to take away their ability to have that Second Amendment, which is in the Constitution.
been debated here several times. But now to continue to carry on and use this law to take away the rights of people who fought for their rights, how ridiculous is that? How ridiculous is it going to be to go back for Memorial Day and tell their veterans, I was there for you. We took away your rights. I think that is ridiculous.
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from North Carolina (Mr. Edwards).
Mr. EDWARDS. Mr. Speaker, I appreciate the chance to speak on this bill and I certainly appreciate Chairman Bost's leadership on this important matter.
Mr. Speaker, I rise in strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act.
respects both our veterans and the Constitution. Under current practice, a veteran who simply needs help managing their VA benefits can be reported to the FBI's background check system and lose their Second Amendment rights without ever appearing before a judge.
appointing a fiduciary. No other American loses a constitutional right because of an administrative decision about their finances, and our veterans should not be that exception.
H.R. 1041 corrects that imbalance. It restores the principle that should have guided this process from the beginning: Only a court of law can determine whether someone poses a danger to themselves or others. That is the due process standard our system is built on, and it is the only standard appropriate when a constitutional right is at stake.
veterans fought to defend. By reaffirming
the bill ensures veterans are treated with the same fairness and dignity as every other American.
often been confusing, unevenly applied, and out of step with the protections guaranteed to all citizens. Our veterans stood in defense of the Constitution and they deserve nothing less than its full protection in return. H.R. 1041 honors that commitment.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. TAKANO. Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield 2 minutes to the gentleman from Colorado (Mr. Crank).
Mr. CRANK. Mr. Speaker, I thank the distinguished chairman for yielding to me.
Mr. Speaker, I rise today in strong support of the Veterans 2nd Amendment Protection Act. I am proud to represent El Paso County and the 100,000 veterans and Active-Duty servicemembers who live there. These heroes committed their lives in service to the Nation and in protection of our Constitution. They served with the promise that when their military career ended, the VA would be there to provide the benefits they earned and to advocate for their best interests. Unfortunately, as we all know, too often, the VA fails in this mission.
stripped by the VA simply for the crime of receiving help managing their benefits. For the past three decades, if the VA assigned a veteran a fiduciary, a benefit they have rightfully earned, they would automatically report that veteran to the National Instant Criminal Background Check System as a prohibited person.
veterans from the right to purchase or possess a firearm. This malicious VA rule treats our veterans as second-class citizens and deters our heroes from seeking the care they earned in service to their Nation out of fear their Second Amendment rights will be taken away.
veterans can be denied their Second Amendment rights, what would they say if we were somehow denying their First Amendment rights: their right to free speech, their right to religion, or their right to peaceably assemble? They wouldn't stand for it.
Mr. TAKANO. Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield 2 minutes to the gentlewoman from Colorado (Ms. Boebert).
Our veterans answered the call when this Nation needed them most. They fought to defend the very Constitution that guarantees every American the right to keep and bear arms. I thank every veteran for their sacrifice. We see them. We honor them, and we have got their backs.
How do we repay our Nation's heroes? Right now, bureaucratic overreach allows the VA to strip away a veteran's constitutional right just because they ask for help managing their benefits. If you use a fiduciary, the system flags you. It is wrong, and it ends now.
feeding veterans' names into the background check system. It protects the Second Amendment rights of the men and women who fought for ours. The radical left loves to say they support the troops until it is time to actually protect their constitutional rights.
to exercise it fully. No more treating men and women who defended this country like second-class citizens. We will restore and protect the constitutional freedoms of our veterans and every American.
Mr. Speaker, I urge my colleagues to pass H.R. 1041. Honor our warriors by restoring their rights. God bless our veterans.
Mr. BOST. Mr. Speaker, I am ready to close, and I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I am obviously frustrated with what I have heard here today. There has been a lot of lipservice to the concept of due process from my colleagues, which is particularly interesting considering they do not share this same passion for the application of this right elsewhere at VA.
a show, I will remind everyone that even if this bill were to be signed into law today, it would have no effect whatsoever on the processes and procedures at VA.
Why you may ask? This is because in its infinite wisdom, the Department of Justice and VA, have decided to ignore Congress, once again, and unilaterally interpret the Brady Handgun Violence Prevention Act so as not to apply to VA.
anymore, but sadly, my colleagues have decided it is worth continuing to sow mistruths, distortions, and risk endangering veterans and civilian lives alike by messaging on the backs of beneficiaries who need treatment, not weapons.
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Mr. Speaker, we must be steadfast in providing meaningful support to our veterans, not using them as props for political gain as this bill does.
As the chairman said, this is not about gun rights. This is not about gun rights. I would suggest that what this is about is politics.
Mr. Speaker, I yield back the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, House Democrats claim that H.R. 1041, as amended, would harm vulnerable veterans. That is simply false, but just don't take my word for it. Organizations who represent millions of veterans and their families support this. In fact, the bill is supported by The American Legion, the Vietnam Veterans of America, the National Association of County Veterans Service Officers, Mission Roll Call, the Black Veterans Empowerment Council. All of these groups, and countless others, veterans organizations across this Nation support this piece of legislation, including the Veterans of Foreign Wars and many others. Why? It is because they understand that this is about the rights of the men and women who stood in the gap to make sure you can keep yours.
This bill is also supported by Second Amendment groups, including: Gun Owners of America, the National Rifle Association, the National Association for Gun Rights, the National Shooting Sports Foundation. Importantly, H.R. 1041, as amended, is supported by the civil liberties groups and organizations who advocate for the elderly and those with disabilities, including the American Civil Liberties Union, not necessarily a conservative group, the National Disability Rights Network, the Bazelon Center for Mental Health Law, the Association of Mature American Citizens Action, the Autistic Self Advocacy Network, and the Disability Rights, Education & Defense Fund.
Mr. Speaker, I am sure you would agree, and even Ranking Member Takano can admit that it is not every day that many of these groups come united together, especially probably the NRA and the ACLU. Their support shows how discriminatory the practice that the VA has been doing for over the last three decades has been by reporting to the next unit anyone who seeks fiduciary help from the VA.
Mr. Speaker, most of the people who have spoken on the Democrat side of the aisle would carry other laws that would take away your Second Amendment right.
Mr. Speaker, I am not arguing the gun law here, though I would. I am arguing the rights of our veterans for due process, the same as someone who never raised their hand. Why should someone have their rights improperly and without due process be taken away because they chose to stand up for this Nation?
I am going to tell you this wasn't for political purposes. I have been carrying this bill for a long time. This weekend, you are going to have to go back to your districts, and you are going to have to talk about the fact that: I am there for you, my veterans. Thank you. I am there for you, but I don't think you are worth your constitutional rights, even though you served to defend them.
Mr. Speaker, this is a situation that has wrongly occurred in this Nation for way too long. I thank the administration for getting it straightened out. We are not saying that someone that is a veteran and is a danger to themselves or a danger to other people can't go through the process like everybody else and say, okay, we do need to go ahead and look over their ability to have that Second Amendment right. That is why we have the NICS list. But whenever the NICS list is overburdened, matter of fact, with our veterans at the percentage that it is, something is wrong. Something is wrong. This bill has been a longtime coming.
Mr. Speaker, I include in the Record letters of support from many of those organizations that I mentioned previously: The American Legion, National Disability Rights Network, National Rifle Association of America, Vietnam Veterans of America, and American Civil Liberties Union.
The American Legion,
Office of the National Commander,
Washington, DC, April 29, 2025.
Hon. Mike Bost,
House of Representatives,
Washington, DC.
Dear Chairman Bost: On behalf of the American Legion 1.5
million dues paying members, I write to express our full
support for H.R. 1041, the Veterans 2nd Amendment Protection
Act, as amended.
This legislation is a necessary step toward restoring the
constitutional rights of countless veterans who, despite
having honorably served our nation, have been unjustly denied
their Second Amendment rights. For far too long, veterans who
required the assistance of a fiduciary for managing VA
benefits—often due to physical or age-related issues—were
reported to the National Instant Criminal Background Check
System (NICS) without any due process or judicial review.
These individuals were wrongfully categorized as mentally
defective, not based on a court ruling, but simply on
administrative decisions by the Department of Veterans
Affairs.
H.R. 1041 corrects this miscarriage of justice by
prohibiting the VA from transmitting personally identifiable
information to the Department of Justice for inclusion in
NICS unless a judge or magistrate has determined the
individual to be a danger to themselves or others. This
preserves the fundamental principle of due process—an
essential safeguard for any constitutional right, especially
one as central as the right to keep and bear arms.
The bill rightly recognizes that being assigned a fiduciary
does not equate to being a danger to oneself or others and
therefore should not serve as grounds to restrict firearm
ownership. Importantly, this legislation requires the
Secretary of Veterans Affairs to notify the Attorney General
that the basis for all prior reporting of veterans to NICS
solely due to fiduciary status does not apply or no longer
applies. This notification will, in turn, trigger the FBI to
update the NICS database accordingly ensuring that those who
were wrongfully reported will be removed. It is critical to
note that veterans who are on the NICS list for other
legitimate legal reasons, such as a state court finding
dangerousness, will remain unaffected by this correction.
This bill does not jeopardize public safety. Instead, it
upholds the balance between protecting communities and
respecting the rights of those who served our country with
courage and sacrifice. The assumption that a veteran is
incapable or dangerous simply because they require fiduciary
assistance is not only unfounded—it is deeply disrespectful
and discriminatory.
We urge members of Congress to support and pass the
Veterans 2nd Amendment Protection Act to ensure that no
veteran is stripped of their rights without a fair and
impartial judicial process.
For God and Country,
James A. LaCoursiere,
National Commander.
National Disability Rights Network,
Washington, DC, March 3, 2025.
Hon. Mike Bost,
Chairman, House Veterans Affairs Committee,
Washington, DC.
Chairman Bost: The National Disability Rights Network
(NDRN) thanks you for introducing, and supports passage of,
H.R. 1041, the Veterans Second Amendment Protection Act. This
legislation would permanently end the Veterans
Administration's (VA) practice of sending a veteran's name
that has a fiduciary to the National Instant Criminal
Background Check System (NICS list) without due process.
NDRN has long advocated for the inclusion of necessary
protections and due process in any system (like guardianship
or conservatorship) taking away that individual's rights and
decision-making authority. We have also fought to counter the
stigmatizing belief that just because an individual has a
disability requires the removal of all that individual's
rights, decision-making authority, and due process
protections.
There is no evidence that individuals that require someone
to help with their financial matters have a propensity to gun
violence or will harm themselves or others. In fact, this
requirement to submit an individual's name to the NICS list
could have the perverse effect of stopping an individual from
seeking the care and support they may need because they do
not want to have their name placed on the NICS list.
This legislation is timely and stands for the important
belief of not viewing an individual with a disability through
a lens of blanket assumptions about disabilities, but that
they must be viewed as an individual and given the due
process rights we all support. This bill also would take a
crucial step in addressing the stigmatizing and unsupported
belief that there is a connection between an individual that
has a fiduciary and gun violence.
Again, thank you for your work on this issue and we support
the passage of this legislation from the Veterans Committee
and look forward to enacting this bill into law.
Sincerely,
Marlene Sallo,
Executive Director.
National Rifle Association of America, Institute for
Legislative Action,
Fairfax, Virginia, May 18, 2026.
Chairman Mike Bost,
House Committee on Veterans' Affairs,
Washington, DC.
Dear Chairman Bost: On behalf of the millions of NRA
members nationwide, I write today to support H.R. 1041, the
Veterans 2nd Amendment Protection Act, and urge a resounding
“yes” vote for its swift passage.
This important legislation would reverse a decades-long
practice that has been used by the Department of Veterans
Affairs (VA) to violate the constitutionally protected Second
Amendment rights of hundreds of thousands of veterans—all
without a shred of due process. From 1998 until recently, VA
had been reporting the names of veterans who have been
assigned a fiduciary to help manage their benefits to the FBI
National Instant Criminal Background Check System (NICS),
thereby ending their legal right to own or possess a firearm.
NRA-ILA was proud to support your effort to end this
practice in H.R. 4366, the Consolidated Appropriations Act of
2024, when language was included to prohibit VA from using
appropriated funds to submit names to NICS simply for having
an assigned fiduciary. And NRA-ILA has been gratified to see
that prohibition remain in place in subsequent appropriations
bills, including the Military Construction and Department of
Veterans Affairs bill the U.S. House passed last week. While
we applaud your critical oversight over VA's NICS reporting
practices, we understand that a permanent fix, such as that
offered by the Veterans 2nd Amendment Protection Act, is
necessary to close this shameful chapter in VA history, once
and for all. Once passed, this legislation will mark a key
turning point in rebuilding trust and confidence between VA
and the veterans it serves.
We thank you for your continued attention to this crucial
issue and all you do for our great nation's veterans.
Sincerely,
John Commerford,
Executive Director, NRA-ILA.
Vietnam Veterans of America,
Silver Spring, MD, April 15, 2025.
Hon. Mike Bost,
Washington, DC.
Chairman Bost: I am writing to express my strong support
for the Veterans 2nd Amendment Protection Act, which seeks to
amend Title 38 of the United States Code to prohibit the
Secretary of Veterans Affairs from transmitting certain
information to the Department of Justice for use by the
National Instant Criminal Background Check System (NICS).
Our main reason for supporting this legislation is to
ensure a level of fairness for veterans concerning the
current VA fiduciary process, particularly as it relates to
the reporting of veterans to NICS without due process.
Veterans, who have dedicated their lives to serving our
country, deserve to be treated with dignity and respect. The
existing process can lead to unjust consequences where
veterans may lose their Second Amendment rights based solely
on a determination made by the Secretary without judicial
oversight.
This legislation is a critical step in protecting the
rights of veterans. It ensures that before any personal
information is transmitted that could impact their ability to
exercise their rights, there is a requirement for judicial
determination that they pose a danger to themselves or
others. This not only upholds the principles of due process
but also prevents potential misuse of sensitive information
that could unfairly label
veterans as threats without proper evidence or evaluation.
By passing the Veterans 2nd Amendment Protection Act, we
send a clear message that our nation values the rights and
well-being of our veterans. It is essential that we provide
them with the protection they deserve, especially when it
comes to their civil liberties without eliminating the
protection of veterans and the community.
Thank you for considering my views on this important
matter. I urge all members to support the Veterans 2nd
Amendment Protection Act to ensure fairness for all veterans
in our country.
Sincerely,
Jack McManus,
National President.
American Civil Liberties Union,
National Political Advocacy Department,
Washington, DC, May 20, 2026.
VOTE YES FOR THE