Debate over federal legislation designed to protect veterans from having their gun rights infringed by the U.S. Department of Veterans Affairs simply for having someone help them with their finances is getting contentious.

A U.S. House of Representatives hearing on Wednesday focused on the “Veterans Second Amendment Protection Act,” which would reverse the policy for reporting to the National Instant Criminal Background System (NICS)  when a veteran has appointed a financial fiduciary to handle his or her monetary affairs. The VA deems a veteran appointing a fiduciary to be mentally incompetent, barring them from purchasing a firearm as a result.

Veteran supporters and pro-gun advocates believe the VA reporting such an occurrence to NICS makes veterans in need of help less likely to ask for fear they’ll be denied their Second Amendment rights.

VA officials, however, vehemently disagree. And at the hearing, one said that if Congress should pass such a law, the VA would not comply with it.

According to a report at freebasenews.com, VA Deputy Undersecretary Glenn Powers testified that his department opposes the act. Additionally, he said the VA already provides a sufficient method for beneficiaries who have been reported to NICS to “petition for relief.”

“VA did not err in reporting, and if passed into law VA could not comply,” Powers said.

Of course, “petitioning for relief” after one has lost their gun rights isn’t what the Second Amendment is all about. “Shall not be infringed,” doesn’t mean “Infringe and then see if you can get your rights back.” It’s akin to unconstitutional “red-flag” laws that allow the government to confiscate weapons because of possibly baseless accusations, then make the gun owner go to court and prove they deserve to have their firearms returned.

Speaking of such laws, Powers also said the VA would oppose a forthcoming bill that would bar the VA from joining in support of “red-flag” laws, also called extreme risk protective orders (ERPOs). Powers said that legislation “places the security and safety of veterans their families and communities at risk and ultimately prevents VA from providing appropriate care for some of our most vulnerable veterans.”

Of course, the VA undersecretary’s declaration that the agency would not follow a law if legally passed by Congress didn’t set well with supporters in the House, including Rep. Matt Rosendale, R-Montana.

“Well, I’m glad everybody hears that on the record—that the VA is going to refuse to comply regardless of what we actually pass here,” Rep. Rosendale said.

29 COMMENTS

  1. “VA did not err in reporting, and if passed into law VA could not comply,”

    Our unelected betters telling us how things will be.

  2. Add a section to the bill that any govt employee that refuses to enforce this law is immediately fired.

  3. But I thought nobody is above the law?
    This must be some of that aloha spirit crap or just leftist ideologues being leftist ideologues and knowing they can get away with it because government is 98% leftist ideologues.

  4. Conspiracy to violate the law? Arrest every VA employee that joins the conspiracy.

    I was just following orders no longer functions as a valid defense.

  5. This is a waste of time since the U.S. Senate would never approve such a law–not to mention the fact that Biden would veto it even if the U.S. Senate passed the bill by some miracle.

    I will admit, though, that it was potentially valuable having a Veterans Administration official declare on record that the Veterans Administration would not comply with such a law.

  6. Unless a democrat becomes President there will be a VA cleansing at the top and anyone making such a statement will be told to retire.

  7. The VA is a national disgrace.
    Administration of which is the textbook example of The Peter Principle.
    The best in health care, free of charge, for combat veterans should be the goal.

    Unfortunately, the goal is keeping peeps employed that can’t make it in the free market system.

    Ask me how I really feel.

    • This is not merely true of the VA, it is status quo for government jobs in general – employ as many useless people as possible and then let them implement their useless ideas.

      I’ll never be president, because more than one person would hate me enough to do what the idiot tried to do to Trump, but, if in some parallel universe I were, I would declare – at the first hint of bad weather, that tomorrow, only essential personnel should brave the elements and come to work. The day after that, everyone who didn’t show up on the “snow day” would be fired. When they ask why, I would simply reply that they self-selected as non-essential and therefore are surplus to requirements.

    • More like Pournelle’s Iron law of Bureaucracy. The only function of he agency is the continued existence of the agency.

  8. Sounds like a great foundation for a bunch of Section 1983 Civil Rights cases, denial of rights under the color of law.

    I believe that law allows for personal liability for the official who violates civil rights under the color of law.

  9. We use to have loyalty oaths for government employees. But I was told that was bad. By the grownups around me back then.

    I understand now the people who support not having the oath, they have never supported the Bill of Rights in the first place.

    But they will cancel you. If you are not loyal to them.

  10. The fix is to shut off the VA from any access to NICS. I don’t trust the feds to parcel out our rights when we kiss their ring and genuflect.

    • The don’t have access to NICS. They simply report veterans with guardians of the estate to the FBI as incompetent to own or possess firearms. The FBI takes care of the rest.

  11. The inability to manage your finances is one of the criteria for V.A. benefits, especially hospice or a bed in a V.A. home.
    If you say you can handle your money, you might not get those benefits.

  12. “VA officials, however, vehemently disagree. And at the hearing, one said that if Congress should pass such a law, the VA would not comply with it.”
    When Trump becomes President he will “recalibrate” these government bureaucrats that think they run the nation. He did it before, then Biden came in and screwed up the VA like everything else he touched.

  13. Couple things here:
    -“petition for relief.”
    There are a number of laws out there that take guns away from people via court order, they all have that “petition for relief.” built in to them.
    The Reality is that that “petition for relief.” is lost, slow-walked, or just simply ignored 85% of the Time.
    Once you’ve been “Labeled” by the Government, it’s an uphill battle to get your guns back, no matter if you were right or wrong.
    -Second,
    I know a Whole Bunch of Government Slug Bureaucrats who are going to be looking for work,
    SOON.

  14. The VA should follow the laws of the state that it is in, and that usually requires someone to be adjudicated as being mentally unfit through due process.

  15. Convert all management to political appointees, throughout the government and remove Union membership. No pension offered, guaranteed loss of job when parties change. Since they’re already socialists now, there’s no downside.

    It’s in Heritage’s 2025 plan…

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