Second Amendment advocates fight to expand due process for veterans deemed ‘incompetent’

Published April 20, 2025 8:56am ET



Second Amendment advocates are pushing Congress to pass legislation that would protect gun rights for veterans accused of being mentally incompetent by the Department of Veterans Affairs.

Under current law, veterans seeking mental health treatment or assistance managing their finances by tapping into their benefits are often appointed a fiduciary by the VA, flagged as mentally incompetent, and reported to the FBI’s National Instant Criminal Background Check System. In turn, the FBI can prohibit them from owning a gun, a policy critics say places the label of mentally incompetent on veterans without a court order proving the claim and strips away Second Amendment freedoms without the constitutional right to due process.

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.