FireArm Friday - Protecting Veterans’ Gun Rights from VA’s Automatic Gun Bans
United States Department of Veterans Affairs policy is under fire for stripping veterans of their right to own firearms without due process
A decades-old United States Department of Veterans Affairs policy is under fire for stripping veterans of their right to own firearms without due process, sparking a bipartisan legislative response.
The VA fiduciary program was established to assist veterans who, due to physical or mental health conditions, are deemed unable to manage their VA benefits independently.
A fiduciary — often a family member or trusted individual— is appointed to oversee the veteran’s finances, ensuring bills are paid and benefits are used appropriately. However, since 1993, the VA has interpreted federal law to require reporting these veterans to NICS under the category of “adjudicated as a mental defective,” a classification that triggers an automatic firearm prohibition.
Critics argue that this practice violates veterans’ due process and Second Amendment rights. Unlike civilians, who typically lose firearm privileges only after a judicial determination of danger to themselves or others, veterans lose these rights administratively, without a court…