Last week, VA Secretary Doug Collins said the Department of Veterans Affairs will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) list as “prohibited persons” only because they need help from a fiduciary in managing their VA benefits.
“Many Americans struggle with managing their finances, and veterans’ Second Amendment rights shouldn’t be stripped just because they need help in this area,” Collins stated. “But for too long, veterans who needed the services of a VA fiduciary were deprived of their right to bear arms. 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.”
VA’s Fiduciary Program was established to protect veterans and other beneficiaries who, due to injury, disease, or age, are unable to manage their financial affairs. VA will only determine an individual to be unable to manage their financial affairs after receipt of medical documentation or if a court of competent jurisdiction has already made the determination.
Previously, when VA appointed a fiduciary to a veteran who needed assistance managing their finances and VA benefits, VA reported that veteran to the FBI’s NICS list, which caused veterans to be flagged “mentally incompetent.” This effectively stripped them of their Second Amendment right to legally purchase and own a firearm, without any findings by a court of law that the veterans may be a danger to themselves or others.
Last year, Sen. Jerry Moran (R-Kansas) and Sen. John Kennedy (R-Louisiana) introduced legislation to permanently put an end to these due process violations. According to a statement from Moran’s office, since 2024, they have successfully secured amendments to provide due process protections in annual appropriations bills.
Senator Moran, chairman of the Senate Committee on Veterans’ Affairs, released the following statement after the VA announcement.
“No veteran should be penalized or stripped of their right to legally purchase and own a firearm without due process simply because they sought assistance from VA regarding their finances or earned benefits. In reversing this practice, VA is righting this wrong for veterans in Kansas and across the country who should be able to receive the necessary and often critical help they need to manage their benefits, without jeopardizing their constitutional rights. Congress should pass the Veterans 2nd Amendment Protection Act to make certain this breach of due process cannot occur again under any administration.”
According to VA, the move corrects a three-decades-old wrong that deprived thousands of veterans in its Fiduciary Program of their constitutional right to own a firearm without a legal basis. It also states the Department of Justice supports the action.
In addition to immediately stopping the reporting of VA Fiduciary Program participants to NICS, VA is working with the FBI to remove all past VA reporting from NICS, so no veterans are unfairly deprived of their Second Amendment rights based solely on participation in VA’s Fiduciary Program.
The value of so-called red-flag laws can be debated. Their goal is to prevent mass shootings and other gun violence by providing a legal safeguard when someone shows warning signs of potential violence. The problem with a blanket action, such as flagging veterans in the cases cited here, is that it denies individuals of due process while doing nothing to address the intended problem. Ending the practice was a common-sense decision.
Susan Thacker is the editor of the Great Bend Tribune. Contact her at sthacker@gbtribune.com.
