VA Finally Ends Policy That Stripped Vets of Their Gun Rights Without Due Process

va veterans affairs

The Department of Veterans Affairs today announced a major new step to protect Veterans’ Second Amendment rights. Effective immediately, VA will not report Veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System as “prohibited persons” only because they need help from a fiduciary in managing their VA benefits.

This corrects 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.

After a thorough review, VA recognized that many Veterans had been deprived of their Second Amendment rights without hearings or adequate determinations that they posed a sufficient risk of danger to themselves or others. In consultation with the Department of Justice, VA has determined this practice violates both the Gun Control Act and Veterans’ Second Amendment rights. According to federal law, a decision by a judicial or quasi-judicial body is needed before someone can be reported to NICS.

A determination by the VA that a fiduciary is needed to help manage a Veteran’s VA benefits falls far short of this legal standard.

VA undoes decades-old wrong and protects Veterans’ Second Amendment rights

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  1. Federalist No. 27: Why Government NEEDS Your Consent And What Happens When It Loses It.

    “In Federalist No. 27, Alexander Hamilton explains why Americans would obey federal laws—so long as government stays legitimate and accountable. In this episode, we break the essay down in plain English and connect it directly to the Second Amendment and the Founders’ broader warning: when rights become ‘privileges,’ legitimacy collapses—and coercion replaces consent.”

    ht* tps://www.youtube.com/watch?v=C_8TPq1XLXY

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