VA Reverses Longstanding Policy, Restoring Due Process and Second Amendment Rights for Veterans
WASHINGTON — In a move hailed as a long-overdue correction of a constitutional injustice, the U.S. Department of Veterans Affairs announced it will no longer report veterans to a federal firearm background check system solely because they require assistance managing their VA benefits.
The policy change ends a decades-old practice that, according to federal officials, stripped thousands of veterans of their Second Amendment rights without a court hearing, judicial ruling, or determination that they posed a danger to themselves or others.
Effective immediately, the Department of Veterans Affairs will stop referring veterans enrolled in its Fiduciary Program to the National Instant Criminal Background Check System, a database used nationwide to determine firearm eligibility. The system is maintained by the Federal Bureau of Investigation.
Following an internal legal review and consultations with the Department of Justice, VA leaders concluded the prior practice violated both the Gun Control Act and the constitutional guarantee of due process. Federal law requires a judicial or quasi-judicial determination before an individual may be classified as a prohibited firearm possessor — a standard VA officials acknowledged was not met by administrative benefit decisions alone.
For years, veterans who needed help managing finances — often due to age, injury, or service-connected conditions — could be automatically flagged in the system, effectively barring them from firearm ownership without any individualized assessment of risk.
VA officials said the department is now working with the FBI to remove prior fiduciary-related entries from the background check system, restoring rights to veterans who were impacted by the policy.
“Veterans who have served this country honorably should not lose constitutional rights without due process,” said VA Secretary Doug Collins. “Needing help managing finances is not a crime, and it should never have been used as a reason to deny a veteran their Second Amendment rights.”
The announcement was backed by the Department of Justice, which said the policy change reinforces fundamental civil liberties owed to those who served.
“It is both unlawful and unacceptable for veterans to have their constitutional rights threatened,” said Attorney General Pamela Bondi, who confirmed she has directed the Bureau of Alcohol, Tobacco, Firearms and Explosives to review and revise its regulations to prevent similar violations in the future.
VA officials emphasized that the change does not affect existing safeguards for individuals who have been found by a court to pose a legitimate danger. Firearm restrictions will continue to apply in cases involving judicial findings of incompetence or risk.
Instead, officials said the reform ensures veterans are treated like all other Americans — with their constitutional rights intact unless lawfully removed through due process.
The VA Fiduciary Program will continue to provide financial assistance to veterans who need it, without automatically placing their civil liberties at risk.
