Bill Details
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would change how certain veterans’ records are used in the federal gun background check system. It says the Department of Veterans Affairs must tell the Justice Department that, in some cases, it should not have sent a veteran’s personal information to be used in the background check system just because the VA decided the veteran needed someone to manage VA benefits. The bill also says that a VA finding that a person is mentally incompetent, or needs a fiduciary, by itself should not be treated as proof that the person is mentally defective for federal gun law purposes. In simple terms, the bill would make it harder for a VA benefits decision alone to block a veteran from buying or owning firearms or ammunition.
- The VA would have 30 days after the bill becomes law to notify the Attorney General that certain past information sharing with the background check system was improper, no longer valid, or should not apply.
- The bill focuses on cases where the VA sent a person’s information only because the person was assigned a fiduciary to manage benefits.
- It says that a VA decision finding someone mentally incompetent, by itself, does not mean that person has been officially treated as mentally defective under federal firearms law.
- The bill is meant to limit gun-related consequences based only on VA benefit management decisions, rather than on a separate court finding or other stronger evidence.
Official Summaries
Veterans 2nd Amendment Restoration Act of 2025
This bill provides that certain individuals are not prohibited from purchasing, selling, or possessing a firearm or ammunition solely because the Department of Veterans Affairs (VA) has determined they require a fiduciary or are mentally incompetent (i.e., unable to manage their affairs).
Under current law, it is unlawful to sell or otherwise dispose of any firearm or ammunition to any person who has been adjudicated as mentally defective. The bill provides that a person must not be treated as having been adjudicated as mentally defective solely because the VA determined the person requires a fiduciary or is mentally incompetent per its regulations.
Within 30 days of the enactment of this bill, the VA must notify the Department of Justice (DOJ) that the VA's transmittals of certain information that was provided solely on the basis that a veteran's benefits are managed by a fiduciary were improper, do not apply, or no longer apply. This applies to VA transmittals to DOJ on or after November 30, 1993, for use by the National Instant Criminal Background Check System for firearm transferees.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 496 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 496
To direct the Secretary of Veterans Affairs to notify the Attorney
General that basis for the transmission of certain information to the
Department of Justice for use by the national instant criminal
background check system was improper, does not apply, or no longer
applies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2025
Mr. Crane introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to notify the Attorney
General that basis for the transmission of certain information to the
Department of Justice for use by the national instant criminal
background check system was improper, does not apply, or no longer
applies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans 2nd Amendment Restoration
Act of 2025''.
SEC. 2. NOTIFICATION OF LACK OF BASIS FOR THE SECRETARY OF VETERANS
AFFAIRS TO HAVE TRANSMITTED CERTAIN INFORMATION TO THE
DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
The Secretary of Veterans Affairs shall, within 30 days of
enactment of this Act, and in accordance with section 40901(e)(1)(D) of
title 34, United States Code, notify the Attorney General that the
basis for the transmittal, on or after November 30, 1993, by the
Secretary of Veterans Affairs, of personally identifiable information
of a beneficiary, solely on the basis of a determination by the
Secretary to pay benefits to a fiduciary for the use and benefit of the
beneficiary under section 5502 of this title 38, United States Code, to
any entity in the Department of Justice, for use by the national
instant criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act, was improper, does not
apply, or no longer applies.
SEC. 3. DETERMINATION BY THE SECRETARY OF VETERANS AFFAIRS THAT A
PERSON IS MENTALLY INCOMPETENT IS INSUFFICIENT TO TREAT
SUCH PERSON AS A MENTAL DEFECTIVE FOR CERTAIN PURPOSES
REGARDING FIREARMS OR AMMUNITION.
For purposes of section 922 of title 18, United States Code, a
person shall not be treated as having been adjudicated as a mental
defective solely on the basis that the Secretary of Veterans Affairs
has determined that such person--
(1) is mentally incompetent under section 3.353 of title
38, Code of Federal Regulations (or successor regulation); or
(2) requires a fiduciary under section 5502 of title 38,
United States Code.
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