Explore The NRA Universe Of Websites

APPEARS IN News

Disarming of Veterans Brings Further Shame to Troubled VA

Wednesday, July 1, 2015

In mid-April, Sen. Chuck Grassley, R-Iowa, brought some renewed attention to the plight of a growing number of veterans who have been unjustly stripped of their Second Amendment-protected rights. In an April 14, 2015, letter to then-Attorney General Eric Holder, Grassley took the Department of Veterans Affairs (VA) to task for over-reaching policies that have resulted in the names of well over 100,000 veterans and dependents being placed in the FBI’s National Instant Criminal Background Check System (NICS) as prohibited from possessing firearms.

Federal agencies are required to forward information to the FBI about individuals who have been disqualified by agency action from legally possessing firearms. This includes information about disqualifying mental health “adjudications” and “commitments.” The VA’s interpretation of what constitutes a disqualifying mental health adjudication, however, has resulted in widespread, unjustified deprivation of Second Amendment-protected rights and Fifth Amendment due process rights.

As Grassley’s letter pointed out, federal regulation allows the VA to determine whether its beneficiaries need a “fiduciary” to manage their benefits. Veterans who the agency determines need help administering their VA compensation are then labeled “mental defectives” and reported to NICS to be barred from firearm acquisition and possession, alongside the likes of felons, fugitives and the dishonorably discharged. The process of assigning a fiduciary, however, does not require the VA to consider whether the veteran actually poses a danger to himself or others or is seriously functionally impaired in any other respect. Indeed, the VA’s own website states, “The determination that you are unable to manage your VA benefits does not affect your non-VA finances, or your right to vote or contract.”

For veterans who choose to contest the appointment of a fiduciary, VA procedure offers scant protection. Typically, deprivation of a fundamental constitutional right requires significant due process, as required by the Fifth Amendment (for example, a criminal trial). As Grassley’s letter made clear, the procedures VA employs fall well below acceptable due process standards and place the burden of proof upon the veteran to seek redress after the fact.

NRA has long been aware of the ongoing abuses at the VA and has worked with our allies in Congress to remedy the situation. Since the 112th Congress, NRA has sought to advance the “Veterans Second Amendment Protection Act.” This legislation would require a judicial finding that a person under the VA’s care poses a danger to himself or others before the person could be considered to have been “adjudicated as a mental defective” and stripped of his or her firearm rights.

NRA appreciates Grassley’s work in bringing further attention to this shameful state of affairs. Moving forward, NRA will continue to pursue every avenue available to correct this wrong. 

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

News  

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. 

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

News  

Monday, April 21, 2025

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

On March 9, when Mark Carney was selected to replace Justin Trudeau as Canada’s Prime Minister and the new Liberal Party leader, he ignored the opportunity the situation presented to jettison his predecessor’s useless and expensive “assault-style ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

Vermont: Committee Approves Burlington Gun Ban

Monday, April 21, 2025

Vermont: Committee Approves Burlington Gun Ban

On Friday, April 18, the Vermont Senate Government Operations Committee approved S. 131, a change to the Burlington City Charter that would allow the city to ban firearms in establishments that serve alcohol.

Legal Update: April 2025 Litigation Update

Monday, April 21, 2025

Legal Update: April 2025 Litigation Update

In the first quarter of 2025, the National Rifle Association filed three new lawsuits and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate. NRA members must urge ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.