By Mark Chesnut The Truth About Guns
A federal measure that would end a longstanding infringement on veterans’ Second Amendment rights has passed its first legislative hurdle.
On May 6, the House Committee on Veterans’ Affairs, by a 13-11 vote, approved HR 1041, the Veterans 2nd Amendment Protection Act. The legislation is now eligible for consideration on the floor of the U.S. House of Representatives.
According to the National Rifle Associations Institute for Legislative Action (NRA-ILA), “The measure would reverse a decades-long practice that has been used by the Department of Veterans Affairs to strip hundreds of thousands of veterans of their constitutionally protected Second Amendment rights without the same level of due process afforded to all other law-abiding Americans.”
At issue is a longstanding Veterans Administration policy that strips veterans of their right to keep and bear arms simply because they have been assigned a fiduciary to help manage their VA benefits received to suffering a service-connected disability. That causes some veterans not to seek the care they need.
The author of the bill, U.S. Rep. Mike Bost, R-Illinois, who is also chairman of the committee that narrowly approved the measure, said the legislation is necessary to protect the rights of America’s veterans.
“It should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their books—but under current law they are,” Rep. Bost said. “Without a permanent fix in place, VA bureaucrats can continue to strip veterans with fiduciaries of their Second Amendment right with no court ruling in place that they are a danger to themselves or others. It’s as simple as that.”
Bost said the bill is in response to his personally hearing from a number of veterans who have been affected by the VA policy.
“I have heard from too many veterans that VA’s current NICS reporting measures prevent them from seeking mental health care at VA—we must change that,” he said. I want to thank Chairman Moran, Senator Kennedy, and my House colleagues for working with me last Congress to pass a temporary solution, but veterans need a permanent fix. House and Senate Republicans will fulfill the American people’s mandate to get this bill to President Trump’s desk to protect veterans’ due process and constitutional rights for good.”
In the administration of these benefits, VA officials, most without any special mental health training or judicial authority, may make a determination of “incompetence” for the purposes of evaluating a veteran’s “capacity to contract or to manage his or her own affairs, including disbursement of funds.” Unfortunately, this determination does not require any finding that a beneficiary is dangerous to self or others, mentally ill, suicidal, etc.
The measure was co-sponsored by U.S. Senator Jerry Moran, R-Kansas, and U.S. Sen. John Kennedy, R-Louisiana.
“Our veterans should not receive less due process rights than other Americans just because they served our country and asked the federal government for a helping hand,” Sen. Kennedy said. “Under the VA’s interpretation of the law, however, unelected bureaucrats punish Louisiana and America’s veterans by forcing them to choose between their Second Amendment rights and getting the help they need as they manage their financial affairs.”
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Thought all Vets had 2A rights after serving A-Z
My wife, my son, and i are all veterans! Try to come and take our weapons if you dare!