Current status is Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

119th CONGRESS

1st Session

H. R. 496

1. Short title
2. 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
3. Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective for certain purposes regarding firearms or ammunition

1. Short title

This Act may be cited as the "Veterans 2nd Amendment Restoration Act of 2025".

2. 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

The Secretary of Veterans Affairs shall, within 30 days of enactment of this Act, and in accordance with section 40901(e)(1)(D) of title 34, United States Code, notify the Attorney General that the basis for the transmittal, on or after November 30, 1993, by the Secretary of Veterans Affairs, 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 38, United States Code, 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, was improper, does not apply, or no longer applies.

3. Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective for certain purposes regarding firearms or ammunition

For purposes of section 922 of title 18, United States Code, a person shall not be treated as having been adjudicated as a mental defective solely on the basis that the Secretary of Veterans Affairs 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 title 38, United States Code.