H.R. 1041

Veterans 2nd Amendment Protection Act

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

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Sec. 3. 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 Added Jun 5

Where this section came from

Not in the first version (Introduced in House, Feb 6).

  1. 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.
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. Such chapter (as amended by section 2) is further amended by inserting after section 5501B the following new section:

Text this section adds to the law

5501C. Notification of lack of basis for transmittal of certain information to the Department of Justice for use by the national instant criminal background check system. The Secretary shall, within 30 days of the enactment of the Veterans 2nd Amendment Protection Act, and in accordance with section 103(e)(1)(D) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)(1)(D); Public Law 103–159; 107 Stat. 1541), notify the Attorney General that the basis for the transmittal, on or after November 30, 1993, by the Secretary, 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, 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), does not apply, or no longer applies.

(b) Clerical amendment. The table of sections at the beginning of such chapter (as amended by section 2) is further amended by inserting after the item relating to section 5501B the following new item:

Text this section adds to the law

5501C. Notification of lack of basis for transmittal of certain information to the Department of Justice for use by the national instant criminal background check system.