VA changes decades-old reporting policy for veterans to federal gun‑background database

The Department of Veterans Affairs (VA) recently announced a major new step to protect Veterans’ Second Amendment rights. Effective immediately, the VA will not report Veterans to the FBI’s National Instant Criminal Background Check System as “prohibited persons” on participation in VA’s Fiduciary Program.

“After a thorough review, the 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,” a statement in the press release reads. “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.”

This change does not affect veterans who have been found by a court to be a danger to themselves or others; those individuals will still be subject to federal firearm prohibitions

In addition to immediately stopping the reporting of VA Fiduciary Program participants to NICS, the department is working with the FBI to remove past entries for approximately 200,000 veterans whose Second Amendment rights were restricted under the previous policy.

“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.

The Department of Justice supports this action, with Attorney General Pam Bondi saying veterans who serve the country should not have their Second Amendment rights blocked in this manner.

“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.”