Veterans 2nd Amendment Protection Act

Summary#

This bill would change Title 38 of the U.S. Code by adding a new section (5501B). The new section would stop the Secretary of Veterans Affairs from sending a veteran or beneficiary's personally identifiable information to the Department of Justice for use in the national instant criminal background check system (NICS) solely because the Secretary decided to pay benefits to a fiduciary for that beneficiary. The prohibition would not apply if a judge, magistrate, or other judicial authority of competent jurisdiction issues an order or finding that the beneficiary is a danger to themselves or others. The bill also updates the chapter table of contents to add the new section.

What it means for you#

  • If you are a VA beneficiary, the VA would be barred from transmitting your personally identifiable information to the federal background-check system just because the VA appointed a fiduciary to receive benefits for you, unless a court has found you pose a danger to yourself or others.
  • If you work for the VA or for agencies that use NICS, the VA would need a judicial order or finding before sending beneficiary identity information to DOJ for NICS in these cases.
  • The bill is narrowly written to apply to transmissions based solely on a VA determination to pay benefits to a fiduciary; other legal bases for transmitting information are not described in the text.
  • No publicly available information on how implementation would proceed or what procedures the VA would adopt.

Expenses#

No publicly available information on costs, budgetary effects, or a Congressional Budget Office score in the bill text or provided metadata.

Proponents' View#

The bill text and metadata show sponsors introduced the measure to prohibit the Secretary of Veterans Affairs from transmitting personally identifiable beneficiary information to the Department of Justice for use by NICS when the only basis is the VA's decision to pay benefits to a fiduciary. The prohibition would be lifted if a judge or other judicial authority issues an order or finding that the beneficiary is a danger to themselves or others. The bill was introduced in the Senate and was referred to the Committee on Veterans' Affairs; hearings were held and printed (S.Hrg. 119-35).

Opponents' View#

No publicly available information on opposition views or formal statements opposing the bill in the provided bill text and metadata.