Veterans 2nd Amendment Protection Act

Bill Number: H.R. 1041
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Armed Forces and National Security
Status: Passed House
Latest Action: 2026-06-02: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
Last Updated: 2026-06-04T03:08:36Z

AI-Generated Summary

Purpose This legislation, titled the Veterans 2nd Amendment Protection Act, amends title 38 of the United States Code to limit the Department of Veterans Affairs (VA) from sharing certain personal information with the Department of Justice. The goal is to prevent automatic reporting to the national instant criminal background check system (NICS) based solely on VA decisions about benefit management or mental competence.

Key Provisions

Prohibition on transmittal: The VA Secretary cannot send personally identifiable information of a beneficiary to the Department of Justice for NICS use if the only reason is that benefits are paid to a fiduciary under section 5502, unless a judge, magistrate, or other judicial authority has ruled that the beneficiary poses a danger to themselves or others.
Notification requirement: Within 30 days of enactment, the VA must notify the Attorney General that prior transmissions (on or after November 30, 1993) based solely on fiduciary determinations lack a valid basis under the Brady Handgun Violence Prevention Act.
Mental incompetence clarification: A VA finding that a person is mentally incompetent or requires a fiduciary is not sufficient on its own to classify the person as "adjudicated as a mental defective" for purposes of firearm prohibitions.

Significant Changes to Existing Law The bill adds three new sections (5501B, 5501C, and 5501D) to chapter 55 of title 38. It creates an explicit bar on VA reporting to NICS without judicial involvement and requires the VA to formally withdraw the basis for past reports. It also overrides prior VA regulations (such as 38 C.F.R. § 3.353) that treated fiduciary appointments or incompetence determinations as standalone disqualifiers for gun ownership.

Potential Impacts

On government agencies: The VA must adjust its data-sharing practices with the Department of Justice and update internal processes for handling beneficiary information.
On citizens: Veterans and other VA beneficiaries who have fiduciaries appointed may regain eligibility to purchase firearms, provided no separate judicial finding of danger exists.
On international relations: No direct effects are outlined in the legislation.

Main Stakeholders Affected

Veterans and other individuals receiving VA benefits who have fiduciaries or incompetence determinations.
The Department of Veterans Affairs and its Secretary.
The Department of Justice and the Federal Bureau of Investigation (which operates NICS).
Firearm dealers and purchasers subject to background checks.

Notable Legal, Constitutional, or Political Implications The bill addresses the intersection of VA mental health and fiduciary rules with Second Amendment rights by requiring judicial oversight before any NICS reporting. It reinforces that administrative VA decisions alone do not meet the legal threshold for firearm disqualification under federal law. No constitutional challenges or political considerations are stated in the text itself.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bost, Mike [R-IL-12]

Cosponsors (70)

Rep. Luttrell, Morgan [R-TX-8], Rep. Bergman, Jack [R-MI-1], Rep. Biggs, Sheri [R-SC-3], Rep. Finstad, Brad [R-MN-1], Rep. LaHood, Darin [R-IL-16], Rep. Fulcher, Russ [R-ID-1], Rep. Edwards, Chuck [R-NC-11], Rep. Webster, Daniel [R-FL-11], Rep. Bacon, Don [R-NE-2], Rep. Zinke, Ryan K. [R-MT-1], Rep. Graves, Sam [R-MO-6], Rep. Newhouse, Dan [R-WA-4], Rep. Mace, Nancy [R-SC-1], Rep. Tenney, Claudia [R-NY-24], Rep. Alford, Mark [R-MO-4], Rep. Van Orden, Derrick [R-WI-3], Rep. Hudson, Richard [R-NC-9], Rep. Guthrie, Brett [R-KY-2], Rep. Roy, Chip [R-TX-21], Rep. Cammack, Kat [R-FL-3], Rep. Kelly, Mike [R-PA-16], Rep. Moolenaar, John R. [R-MI-2], Rep. Feenstra, Randy [R-IA-4], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Harris, Andy [R-MD-1], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Babin, Brian [R-TX-36], Rep. Baird, James R. [R-IN-4], Rep. Moore, Barry [R-AL-1], Rep. Obernolte, Jay [R-CA-23], Rep. Amodei, Mark E. [R-NV-2], Rep. Crenshaw, Dan [R-TX-2], Rep. Collins, Mike [R-GA-10], Rep. Hamadeh, Abraham [R-AZ-8], Rep. Grothman, Glenn [R-WI-6], Rep. Jackson, Ronny [R-TX-13], Rep. Stauber, Pete [R-MN-8], Rep. Smith, Adrian [R-NE-3], Rep. Rulli, Michael A. [R-OH-6], Rep. Yakym, Rudy [R-IN-2], Rep. Barrett, Tom [R-MI-7], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Hinson, Ashley [R-IA-2], Rep. Messmer, Mark [R-IN-8], Rep. Murphy, Gregory F. [R-NC-3], Rep. Owens, Burgess [R-UT-4], Rep. Steube, W. Gregory [R-FL-17], Rep. Houchin, Erin [R-IN-9], Rep. Self, Keith [R-TX-3], Rep. Barr, Andy [R-KY-6] and 20 more

Recent Actions

2026-06-02: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
2026-05-21: The title of the measure was amended. Agreed to without objection.
2026-05-21: Motion to reconsider laid on the table Agreed to without objection.
2026-05-21: On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685) (Roll call 190)
2026-05-21: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685) (Roll call 190)
2026-05-21: On motion to recommit Failed by the Yeas and Nays: 208 - 210 (Roll no. 189). (Roll call 189)
2026-05-21: Considered as unfinished business. (consideration: CR H3710-3711)
2026-05-21: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1041, the Chair put the question on motion to recommit and by voice vote, announced the ayes had prevailed. Mr. Bost demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
2026-05-21: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-05-21: Ms. Morrison moved to recommit to the Committee on Veterans' Affairs. (CR H3692)
2026-05-21: The previous question was ordered pursuant to the rule.
2026-05-21: DEBATE - The House proceeded with one hour of debate on H.R. 1041.
2026-05-21: Rule provides for consideration of H.R. 1041, H.R. 6047 and H.R. 1329. The resolution provides for consideration of H.R. 1041, H.R. 6047, and H.R. 1329 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
2026-05-21: Considered under the provisions of rule H. Res. 1300. (consideration: CR H3684-3692)
2026-05-19: Rules Committee Resolution H. Res. 1300 Reported to House. Rule provides for consideration of H.R. 1041, H.R. 6047 and H.R. 1329. The resolution provides for consideration of H.R. 1041, H.R. 6047, and H.R. 1329 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.

Bill Versions

Veterans 2nd Amendment Protection Act — issued 2026-05-21 — PDF (6 pages)
Veterans 2nd Amendment Protection Act — issued 2025-02-06 — PDF (3 pages)
Veterans 2nd Amendment Protection Act — issued 2026-06-02 — PDF (5 pages)
Veterans 2nd Amendment Protection Act — issued 2025-06-05 — PDF (8 pages)