Chairman Bost Applauds Trump Administration Move to Restore Veterans’ Constitutional Due Process Rights

Chairman Bost Applauds Trump Administration Move to Restore Veterans' Constitutional Due Process Rights

This week, House Committee on Veterans' Affairs Chairman Mike Bost (R-Ill.), released the following statement after the Federal Bureau of Investigation (FBI) and Department of Veterans Affairs (VA) confirmed that veterans with fiduciaries who, due to seeking help managing their VA benefits, were previously automatically added to the FBI's National Instant Criminal Background Check System (NICS) list - without a court order determining that the veteran is a danger to themselves or others - have been removed from the NICS list. This change advances a longstanding policy priority of Chairman Bost and House Republicans to restore and safeguard constitutional due process rights for veterans with fiduciaries.

To read more about Chairman Bost's work to permanently protect veterans' constitutional rights and improve the overall NICS reporting process through H.R. 1041, the Veterans Second Amendment Protection Act, click here and here.

"Veterans have earned the same due process rights as every other American. The VA's longstanding policy of discriminating against veterans with fiduciaries - and automatically reporting them to the FBI's NICS list - is a practice that unfairly targets the very men and women who served our country and undermines the constitutional protections they fought to defend," said Chairman Bost. "That's why I proudly fought to end this policy for good and grant veterans who need help managing their VA benefits the due process they have earned. I am pleased to see Secretary Collins and the Trump administration taking the next step in this process of restoring these rights - this is long overdue. I look forward to passing my bill, HR 1041, the Veterans Second Amendment Protection Act to provide a permanent solution and ensure that the rights of our veterans are protected and respected."

Background:

Prior to the Trump administration's action, and since 1993, a veteran who needed or sought out assistance from a fiduciary to manage their finances and VA benefits- without an additional finding by a court of law or any medical professional that the veteran may be a danger to themselves or others - was immediately reported by a VA bureaucrat to the FBI's National Instant Criminal Background Check System (NICS) list and stripped of their Second Amendment right to legally purchase and own a firearm. The FY 2024 MilCon/VA Appropriations bill, and the subsequent continuing resolutions, ended this practice only temporarily. H.R. 1041, as amended, would permanently afford veterans with fiduciaries the same due process rights as every other American for whom they fought to protect. This bill also includes language from Rep. Crane's bill, H.R. 496, which would require VA to notify the Attorney General that the FBI must remove veterans who are currently on the NICS list solely because they have a fiduciary. Veterans on the NICS list because a court found them dangerous would stay on the NICS list.

STAKEHOLDER SUPPORT: National Disability Rights Network, Bazelon Center for Mental Health Law, The American Legion, Vietnam Veterans of America, Gun Owners of America, National Rifle Association, National Association for Gun Rights, National Shooting Sports Foundation, Mission Roll Call, Association of Mature American Citizens Action, Black Veterans Empowerment Council, National Association of County Veterans Service Officers, and Vickie Paladino, Minority Whip, New York City Council Member, District 19 Queens.