WASHINGTON — The Department of Veterans Affairs (VA) has reversed a decades-long policy that stripped Second Amendment rights from veterans enrolled in its Fiduciary Program, a move applauded by gun rights advocates and prompting debate over the balance between financial responsibility and constitutional freedoms. Effective immediately, the VA will cease reporting veterans with assigned fiduciaries to the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS).
The policy, in place for approximately 30 years, automatically flagged veterans requiring assistance with managing their VA benefits as “prohibited persons,” preventing them from legally purchasing firearms. The VA operates the Fiduciary Program to assist veterans unable to manage their financial affairs due to injury, disease, or age, typically appointing a family member or trusted individual to oversee their benefits. The change comes after a legal review conducted in consultation with the Department of Justice, which determined the practice violated both the Gun Control Act and veterans’ Second Amendment rights.
According to the VA, federal law requires a decision by a judicial or quasi-judicial body before an individual can be reported to NICS. The agency concluded that a determination by the VA that a fiduciary is needed does not meet this legal standard. The VA recognized that many veterans had been deprived of their Second Amendment rights without adequate due process or a determination that they posed a danger to themselves or others.
“Many Americans struggle with managing finances, and Veterans’ Second Amendment rights shouldn’t be stripped just because they need help in this area,” said VA Secretary Doug Collins in a press release. “But for too long, Veterans who needed the services of a VA fiduciary were deprived of their right to bear arms.”
The VA is now working with the FBI to remove the names of veterans currently in the NICS database solely due to their participation in the Fiduciary Program. This action is expected to restore gun rights to nearly 200,000 veterans, according to officials.
The decision has been met with strong support from gun rights organizations. The National Rifle Association (NRA) and Gun Owners of America (GOA) both issued statements praising the VA’s reversal. John Commerford, executive director of the NRA Institute for Legislative Action, stated that the policy change “reverses a longstanding VA policy that strips the Second Amendment rights of our veterans without any due process.” Val Finnell, director of the Pennsylvania chapter of GOA, added, “Losing your gun rights because you can’t manage your checkbook is wrong and ridiculous. Veterans should not have fewer rights and protections than other Americans.”
The move also has legislative backing. Representative Mike Bost (R-Ill.), chairman of the House Veterans’ Affairs Committee, is seeking to advance legislation to codify these gun ownership protections for veterans assigned fiduciaries. Republican lawmakers had previously introduced legislation, including H.R. 496, the Veterans 2nd Amendment Restoration Act of 2025, aimed at preventing the VA from denying veterans firearm ownership without due process.
However, the policy change is not without its critics. Senator Richard Blumenthal (D-Conn.), the top Democrat on the Senate Veterans’ Affairs Committee, expressed opposition, arguing that the restrictions were effective in preventing troubled veterans from accessing firearms. He warned that veteran suicides, which already occur at a higher rate than in the general population, may increase without these controls. “Guns are used in the vast majority of veteran suicides,” Blumenthal said. “This administration should be focused on measures that will actually help end veteran suicide and make our communities safer.”
The Justice Department has affirmed the legality of the VA’s decision, stating it aligns with the Gun Control Act, which prohibits felons, illegal drug users, and individuals deemed “mentally defective” by the courts from owning firearms. The VA and DOJ determined that needing a fiduciary does not equate to being “mentally defective” under the law.
The VA’s decision represents a significant shift in policy and underscores a growing recognition of the importance of protecting the Second Amendment rights of veterans. While concerns remain regarding potential risks, the agency maintains that the new approach balances the need to safeguard veterans’ constitutional rights with its commitment to their overall well-being. The agency emphasized that it will only seek to include a veteran’s name in the FBI database after a court determines the individual is a danger to self or others.
