WASHINGTON, D.C. — Veterans who receive help managing their VA benefits will no longer be automatically reported to the federal gun background check system, a move the Department of Veterans Affairs says restores Second Amendment rights to thousands of former service members.
What This Means for You
- Veterans in the VA Fiduciary Program will no longer be automatically reported to the federal gun background check system.
- VA is working with the FBI to remove prior reports based solely on fiduciary status.
- A court or similar legal determination will now be required before a veteran is listed as prohibited from owning a firearm.
What Is Changing
The Department of Veterans Affairs announced Tuesday that it will immediately stop reporting veterans to the FBI’s National Instant Criminal Background Check System, or NICS, solely because they participate in the VA Fiduciary Program.
NICS is the federal database used during firearm background checks to determine whether someone is legally prohibited from purchasing or possessing a gun.
The VA Fiduciary Program assigns a fiduciary — a person authorized to manage VA benefits — when the agency determines a veteran needs assistance handling financial matters.
Under the prior policy, veterans placed in the program were reported to NICS as “prohibited persons,” which can block firearm purchases.
Legal Review and Rationale
After what the agency described as a thorough review conducted in consultation with the Department of Justice, VA determined that the practice did not meet the legal standard required under federal law.
According to the department, the Gun Control Act requires a decision by a judicial or quasi-judicial body before someone can be reported to NICS as prohibited from possessing firearms.
VA officials concluded that a determination that a veteran needs help managing benefits “falls far short of this legal standard.”
The agency described the change as correcting “a three-decade-old wrong that deprived many thousands of Veterans in VA’s Fiduciary Program of their constitutional right to own a firearm without a legal basis.”
Removal of Prior Reports
In addition to ending the reporting practice, VA said it is working with the FBI to remove past VA reporting from NICS so that no veteran is listed as prohibited solely because of fiduciary status.
Statements From Officials
“Many Americans struggle with managing their finances, and Veterans’ Second Amendment rights shouldn’t be stripped just because they need help in this area. But for too long, Veterans who needed the services of a VA fiduciary were deprived of their right to bear arms,” said VA Secretary Doug Collins. “Under the leadership of President Trump, we’re correcting this injustice and ensuring Veterans get the same due-process and constitutional rights as all Americans.”
Attorney General Pamela Bondi said the Department of Justice supports the action.
“It is both unlawful and unacceptable for Veterans who serve our country to have their constitutional rights threatened,” Bondi said. “It has been my pleasure to partner with Secretary Collins on this project, and I am directing the Bureau of Alcohol, Tobacco, and Firearms to review its regulations and propose changes that will prevent current and future violations of our Veterans’ Second Amendment rights.”
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