I
119THCONGRESS
1
STSESSION 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
JANUARY16, 2025
Mr. C
RANEintroduced 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-1
tives of the United States of America in Congress assembled, 2
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•HR 496 IH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Veterans 2nd Amend-2
ment Restoration Act of 2025’’. 3
SEC. 2. NOTIFICATION OF LACK OF BASIS FOR THE SEC-4
RETARY OF VETERANS AFFAIRS TO HAVE 5
TRANSMITTED CERTAIN INFORMATION TO 6
THE DEPARTMENT OF JUSTICE FOR USE BY 7
THE NATIONAL INSTANT CRIMINAL BACK-8
GROUND CHECK SYSTEM. 9
The Secretary of Veterans Affairs shall, within 30 10
days of enactment of this Act, and in accordance with sec-11
tion 40901(e)(1)(D) of title 34, United States Code, notify 12
the Attorney General that the basis for the transmittal, 13
on or after November 30, 1993, by the Secretary of Vet-14
erans Affairs, of personally identifiable information of a 15
beneficiary, solely on the basis of a determination by the 16
Secretary to pay benefits to a fiduciary for the use and 17
benefit of the beneficiary under section 5502 of this title 18
38, United States Code, to any entity in the Department 19
of Justice, for use by the national instant criminal back-20
ground check system established under section 103 of the 21
Brady Handgun Violence Prevention Act, was improper, 22
does not apply, or no longer applies. 23
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•HR 496 IH
SEC. 3. DETERMINATION BY THE SECRETARY OF VET-1
ERANS AFFAIRS THAT A PERSON IS MEN-2
TALLY INCOMPETENT IS INSUFFICIENT TO 3
TREAT SUCH PERSON AS A MENTAL DEFEC-4
TIVE FOR CERTAIN PURPOSES REGARDING 5
FIREARMS OR AMMUNITION. 6
For purposes of section 922 of title 18, United States 7
Code, a person shall not be treated as having been adju-8
dicated as a mental defective solely on the basis that the 9
Secretary of Veterans Affairs has determined that such 10
person— 11
(1) is mentally incompetent under section 3.353 12
of title 38, Code of Federal Regulations (or suc-13
cessor regulation); or 14
(2) requires a fiduciary under section 5502 of 15
title 38, United States Code. 16
Æ
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