The Department of Veterans Affairs (VA) has announced it will no longer report veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS) as “prohibited persons” solely because they require a fiduciary to manage their VA benefits. This policy change, effective immediately, reverses a practice in place for nearly 30 years that affected thousands of veterans enrolled in the VA’s Fiduciary Program.
A recent review by the VA found that many veterans lost their Second Amendment rights without hearings or proper determinations about whether they posed a risk to themselves or others. The VA, in consultation with the Department of Justice, concluded that this practice was inconsistent with both the Gun Control Act and constitutional protections. According to federal law, only decisions made by judicial or quasi-judicial bodies can result in someone being reported to NICS.
The VA determined that assigning a fiduciary to assist with managing benefits does not meet this legal threshold. The department is also working with the FBI to remove past reports from NICS based solely on participation in the Fiduciary Program.
“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. “Under the leadership of President Trump, we’re correcting this injustice and ensuring Veterans get the same due-process and constitutional rights as all Americans.”
Attorney General Pamela Bondi expressed support for the decision: “It is both unlawful and unacceptable for Veterans who serve our country to have their constitutional rights threatened. 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.”
