H.R. 1041

Veterans 2nd Amendment Protection Act

Sponsor: Mike Bost · 70 cosponsors

Follow this bill

Where it stands

Introduced Feb 6
Committee May 6
House of Representatives May 21
Senate Now
Law —

Introduced Feb 6
Committee May 6
House of Representatives May 21
Senate Now
Law —

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. (Jun 2)

Votes

On Passage · Passed, 216–201 House of Representatives · Roll Call 190 · May 21

On Motion to Recommit · Failed, 208–210 House of Representatives · Roll Call 189 · May 21

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

Expand all

Sec. 1. Short title Since introduced

Sec. 2. Prohibition on Secretary of Veterans Affairs transmittal of certain information to the Department of Justice for use by the national instant criminal background check system Changed · Jun 5

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

Sec. 4. Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective Added Jun 5

Where this section came from

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

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 sections 2 and 3) is further amended by inserting after section 5501C the following new section:

Text this section adds to the law

5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective. The Secretary shall not treat a person as having been adjudicated as a mental defective solely on the basis that the Secretary 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 this title.

(b) Clerical amendment. The table of sections at the beginning of such chapter (as amended by sections 2 and 3) is further amended by inserting after the item relating to section 5501C the following new item:

Text this section adds to the law

5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective