I 
119TH CONGRESS 
1ST SESSION 
H. R. 496 
To direct the Secretary of Veterans Affairs to notify the Attorney General 
that basis for the transmission of certain information to the Department 
of Justice for use by the national instant criminal background check 
system was improper, does not apply, or no longer applies, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2025 
Mr. CRANE introduced the following bill; which was referred to the Committee 
on Veterans’ Affairs, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To direct the Secretary of Veterans Affairs to notify the 
Attorney General that basis for the transmission of cer-
tain information to the Department of Justice for use 
by the national instant criminal background check system 
was improper, does not apply, or no longer applies, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans 2nd Amend-
ment Restoration Act of 2025’’. 
SEC. 2. NOTIFICATION OF LACK OF BASIS FOR THE SEC-
RETARY OF VETERANS AFFAIRS TO HAVE 
TRANSMITTED CERTAIN INFORMATION TO 
THE DEPARTMENT OF JUSTICE FOR USE BY 
THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM. 
The Secretary of Veterans Affairs shall, within 30 
days of enactment of this Act, and in accordance with sec-
tion 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 Vet-
erans 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 back-
ground check system established under section 103 of the 
Brady Handgun Violence Prevention Act, was improper, 
does not apply, or no longer applies. 
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SEC. 3. DETERMINATION BY THE SECRETARY OF VET-
ERANS AFFAIRS THAT A PERSON IS MEN-
TALLY INCOMPETENT IS INSUFFICIENT TO 
TREAT SUCH PERSON AS A MENTAL DEFEC-
TIVE 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 adju-
dicated 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 suc-
cessor regulation); or 
(2) requires a fiduciary under section 5502 of 
title 38, United States Code. 
Æ 
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