Title: Veterans 2nd Amendment Protection Act
Policy area: Armed Forces and National Security

Summary:
Veterans 2nd Amendment Protection Act
This bill prohibits the Department of Veterans Affairs (VA) from transmitting certain information to the National Instant Criminal Background Check System (NICS) utilized by licensed importers or dealers of firearms.
Specifically, the bill prohibits the VA from transmitting personally identifying information of a veteran or a beneficiary to the NICS solely on the basis that such veteran or beneficiary has an appointed fiduciary to manage their benefits, unless there is an order or finding of a judicial authority that such veteran or beneficiary is a danger to themselves or others.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4888 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4888

  To amend title 38, United States Code, to prohibit the Secretary of 
     Veterans Affairs from transmitting certain information to the 
    Department of Justice for use by the national instant criminal 
                        background check system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2020

  Mr. Kennedy introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to prohibit the Secretary of 
     Veterans Affairs from transmitting certain information to the 
    Department of Justice for use by the national instant criminal 
                        background check system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans 2nd Amendment Protection 
Act''.

SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS TRANSMITTAL OF 
              CERTAIN INFORMATION TO THE DEPARTMENT OF JUSTICE FOR USE 
              BY THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by inserting after section 5501A the following new section:
``Sec. 5501B. Prohibition on transmittal of certain information to the 
              Department of Justice for use by the national instant 
              criminal background check system
    ``The Secretary may not transmit 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 (34 U.S.C. 40901), 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, without the order or 
finding of a judge, magistrate, or other judicial authority of 
competent jurisdiction that such beneficiary is a danger to themselves 
or others.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by inserting after the item 
relating to section 5501A the following new item:

``5501B. Prohibition on transmittal of certain information to the 
                            Department of Justice for use by the 
                            national instant criminal background check 
                            system.''.
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