The Department of Veterans Affairs announced today that it will end a long-criticized policy that allowed veterans to be reported to the FBI’s gun-background database solely for receiving financial assistance through a fiduciary program. The agency also confirmed it is working with the Federal Bureau of Investigation to remove veterans who were previously added to the National Instant Criminal Background Check System under that standard.
The decision marks a significant reversal of a policy that, for years, effectively stripped thousands of veterans of their Second Amendment rights without a judicial finding that they posed a danger to themselves or others. Under the prior framework, veterans who needed help managing their finances—often due to age, injury, or service-related disabilities—could be flagged as prohibited firearm purchasers without any court hearing or due process protections.
A Longstanding Point of Contention
Civil liberties advocates and veterans’ groups have long argued that the VA’s reporting practice treated veterans differently from other Americans, penalizing them simply for seeking assistance they had earned through military service. Unlike traditional firearm prohibitions, the VA’s determinations were administrative rather than judicial, meaning veterans had no meaningful opportunity to contest the loss of their rights.
The National Rifle Association welcomed the announcement, crediting VA leadership and the Trump administration for addressing what it described as a fundamental injustice. VA Secretary Doug Collins, serving under President Donald Trump, oversaw the policy change.
NRA-ILA: “A Step Toward Fairness”
John Commerford, Executive Director of NRA-ILA, said the move restores a basic principle of fairness for those who served.
“No veteran who bravely served our nation should ever lose their fundamental Second Amendment rights for simply asking for help,” Commerford said, calling the decision “a major step toward fairness that honors the sacrifices of those who defended our freedoms.”
Since 2024, NRA-ILA has pushed Congress to block funding that allowed the VA to continue reporting veterans to NICS without a court ruling. That effort succeeded through the appropriations process, temporarily preventing the agency from making such referrals absent a judicial determination of dangerousness.
Push to Make the Change Permanent
While the administrative change is significant, advocates warn it could be reversed by a future administration unless Congress acts. To that end, lawmakers are advancing the Veterans 2nd Amendment Protection Act (H.R. 1041 / S. 478), which would permanently prohibit the VA from reporting veterans to NICS without due process.
The bill is being championed by House Veterans’ Affairs Committee Chairman Mike Bost, alongside Jerry Moran and John Kennedy in the Senate. The legislation recently advanced out of committee with an amendment that would retroactively restore firearm rights to veterans previously affected by the policy.
Restoring Trust, Not Discouraging Help
Supporters of the reform argue that the old policy had a chilling effect, discouraging veterans from seeking financial or medical assistance out of fear they could lose their constitutional rights. Ending the practice, they say, reinforces the principle that veterans should be treated as full citizens—not as administrative risks—after returning home.
Advocacy groups have pledged to continue pressing Congress to codify the change into law, ensuring that veterans are never again forced to choose between receiving help and retaining their fundamental rights.
