Veterans 2nd Amendment Protection Act

What this does

A veteran the VA has judged unable to manage their own benefits, and for whom the VA appoints a fiduciary to receive those benefits, would no longer be sent to the federal gun background check system on that basis alone. The bill adds a new section 5501B to title 38 barring the Secretary of Veterans Affairs from transmitting a beneficiary's personally identifiable information to the Department of Justice for use in the national instant criminal background check system solely because the VA decided to pay benefits to a fiduciary, unless a judge, magistrate, or other judicial authority has found the beneficiary is a danger to themselves or others. A new section 5501C requires the Secretary, within 30 days of enactment, to notify the Attorney General that the basis for past such transmittals, going back to November 30, 1993, no longer applies, which unwinds names already reported. A new section 5501D states that a VA determination that a person is mentally incompetent, or that the person requires a fiduciary, is not by itself enough to treat that person as having been adjudicated a mental defective, the category that otherwise bars firearm possession under federal law.