WASHINGTON — A spending bill, which is expected to be signed by President Joe Biden soon, would make it easier for veterans deemed unable to handle their own affairs to obtain firearms. This is a change from the current law that both Republicans and some Democrats have been advocating for years.
These lawmakers argue that the existing law, which mandates the Department of Veterans Affairs to notify the national background check system about veterans declared mentally incompetent, unfairly penalizes those who depend on benefits from the agency and may require help managing their finances. However, advocates for gun control believe this law is crucial for preventing suicides among military veterans.
Connecticut Sen. Chris Murphy, a Democrat, expressed concern that this change could lead to a significant increase in mentally ill individuals having greater access to guns, potentially resulting in many deaths. This message was conveyed in a post on X (formerly known as Twitter).
The provision in the spending bill comes at a time when gun control advocates have achieved some small victories in recent years. In 2022, Congress passed a comprehensive law that expands certain background checks for individuals under 21 and introduces new mental health services for children and schools, among other measures.
While a number of Republicans supported this legislation, some Democrats have backed the alteration in VA policy. This includes Senate Veterans Affairs Committee Chairman Jon Tester, D-Mont., who also serves on the Senate Appropriations Committee. Tester has been advocating for the reversal of this law for a number of years, arguing that many veterans are hesitant to claim their benefits due to concerns that their firearms will be confiscated.
Tester, who is facing reelection this year, stated, “It’s completely unjust that a DC bureaucrat could strip away a veteran’s legal right to firearms simply because they require assistance managing their finances.”
The spending bill would prevent funding for this law, but would still allow the agency to report individuals to the background check system if there has been a court finding that they pose a danger to themselves or others. In order for the policy to remain permanently blocked, future spending bills would need to continue renewing this provision.
The Senate approved the language in an amendment vote last fall, with 53-45 in favor, and with a few Democrats voting in support. Louisiana Sen. John Kennedy, who proposed the amendment, argued that “veterans who sacrificed to defend our Constitution shouldn’t have their own rights dependent on the judgment of unelected bureaucrats.”
The Department of Veterans Affairs asserts that it conducts a thorough review before reporting individuals to the background check system, and makes decisions regarding the appointment of a fiduciary for veterans who are unable to manage their own finances based on medical evidence or a court decree. According to the agency, beneficiaries also have due process, allowing them opportunities to present evidence that they are capable of managing their VA benefits.
If, following the review, the veteran is deemed mentally incapacitated or unable, the VA is then obligated to inform the National Instant Criminal Background Check System, as required by the Brady gun law enacted in the early 1990s.
VA Secretary Denis McDonough said last year that they take great care with the standard related to fiduciary responsibilities, as it has been developed over time to address a delicate situation.
The White House stated opposition to the reversal of VA policy in the spending bill passed by the House this week and pending in the Senate, but mentioned that Biden will sign the overall legislation that funds several agencies.
The White House statement emphasized the administration's commitment to exploring all possible ways to keep guns away from those who shouldn't have them and to ensure the safety of these individuals and their communities.
Groups advocating for gun control expressed their intent to continue trying to stop future legislation from increasing access to firearms.
Florida Rep. Maxwell Frost, a 27-year-old Democrat and the youngest member of Congress, explained his vote against the spending bill, expressing concern that the reversal of the VA policy could lead to more gun violence.
Frost, a Democrat, stated that gun violence prevention is not just a priority issue but also what initially drew him into politics at the age of 15.
Sen. Murphy, a leading Democrat on gun issues in the Senate, attempted to persuade his colleagues to remove the provision but was unsuccessful. However, he believes “the gun safety movement wins more than it loses now.”
Sen. Murphy acknowledged the setback as evidence that vigilance is crucial. He recognized the possibility of letting their guard down in this instance.
