Veterans 2nd Amendment Protection Act

Bill: 116-s-4888
Sponsor: full_name: Sen. Kennedy, John [R-LA]
Introduced: 2020-11-10
Policy area: Armed Forces and National Security
Subjects: Criminal justice information and records

Firearms and explosives

Government information and archives

Veterans' pensions and compensation
Latest action: action_date: 2020-11-10
text: Read twice and referred to the Committee on Veterans' Affairs.

Summaries:
action_date: 2020-11-10
action_desc: Introduced in Senate
text: <p><b>Veterans 2nd Amendment Protection Act</b></p>  <p>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. </p> <p>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. </p>

tv_txt: II 116th CONGRESS 2d Session S. 4888 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.

1. Short title This Act may be cited as the Veterans 2nd Amendment Protection Act . 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: 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. .