H.R. 1041
Veterans 2nd Amendment Protection Act
Sponsor: Mike Bost · 70 cosponsors
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Official summary
Written by the Congressional Research Service.
Veterans 2nd Amendment Protection Act
This bill prohibits the Department of Veterans Affairs (VA) from transmitting certain information to the National Instant Criminal Background Check System (NICS) utilized by licensed importers or dealers of firearms.
Specifically, the bill prohibits the VA from transmitting personally identifying information of a veteran or a beneficiary to the NICS solely on the basis that such veteran or beneficiary has an appointed fiduciary to manage their benefits, unless there is an order or finding of a judicial authority that such veteran or beneficiary is a danger to themselves or others.
Text of the bill
Where this section came from
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Feb 6, 2025 · Introduced in House Referred to House Committee on Veterans' Affairs, Feb 6
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Jun 5, 2025 · Reported in House Marked up by House Committee on Veterans' Affairs, May 6 Reported by House Committee on Veterans' Affairs, Jun 5 Committee members' individual votes aren't in our records.
… 2 unchanged passages …
5501B. Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system. The Secretary may not transmit 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
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(34 U.S.C. 40901; Public Law 103–159; 107 Stat. 1541),
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, without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such beneficiary is a danger to themselves or others.
… 5 unchanged passages …
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
(a) In general. Chapter 55 of title 38, United States Code, is amended by inserting after section 5501A the following new section:
5501B. Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system. The Secretary may not transmit 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 (34 U.S.C. 40901; Public Law 103–159; 107 Stat. 1541), 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, without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such beneficiary is a danger to themselves or others.
(b) Clerical amendment. The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 5501A the following new item:
5501B. Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system.