We've seen several key Supreme Court and lower court decisions in recent years that strengthened the position of those of us who understand that the Second Amendment means precisely what it says, including the "shall not be infringed" portion. Now the Veterans Administration is joining in, doing away with an unjust rule that infringed on the Second Amendment rights of our nation's veterans, solely because they needed help managing their VA benefits.
That was an unjust policy; now it's gone.
The Department of Veterans Affairs today announced a major new step to protect Veterans’ Second Amendment rights. Effective immediately, VA will not report Veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System as “prohibited persons” only because they need help from a fiduciary in managing their VA benefits.
This corrects a three-decade-old wrong that deprived many thousands of Veterans in VA’s Fiduciary Program of their constitutional right to own a firearm without a legal basis.
It stands to reason that depriving someone of a constitutionally defined right should only be done for very compelling reasons. This isn't one such reason. Navigating the VA benefits system can be confusing; my wife does it routinely, but she has an MBA in health care administration and a Master's degree in accounting. I'm not all that sure that, without her, I wouldn't need some advice managing my paltry 10 percent disability rating for hearing loss and what benefits come with that.
I can still handle a firearm just fine, though. So can many, probably most, of these veterans, who were trained and experienced in the profession of arms.
After a thorough review, VA recognized that many Veterans had been deprived of their Second Amendment rights without hearings or adequate determinations that they posed a sufficient risk of danger to themselves or others. In consultation with the Department of Justice, VA has determined this practice violates both the Gun Control Act and Veterans’ Second Amendment rights. According to federal law, a decision by a judicial or quasi-judicial body is needed before someone can be reported to NICS.
A determination by the VA that a fiduciary is needed to help manage a Veteran’s VA benefits falls far short of this legal standard.
That veterans were being denied a constitutionally defined right without a hearing makes this deprivation even more egregious.
Read More: Elon Musk Proclaims Second Amendment 'Sacred.' Does He Mean It?
Concealed Carry Reciprocity: Congressional Republicans Are Trying Again
Note that I write "constitutionally defined" right. The Constitution recognizes this right; it doesn't grant or allow it. The Second Amendment is a fundamental natural right. It is the right to the tools with which to defend ourselves, our homes, our families, and our communities. Some people can and should be deprived of this basic right: Convicted violent felons, illegal aliens, and so forth. But note that there is due process involved; convicted felons lost their Second Amendment (and other rights), not accused felons. Illegal aliens are not citizens and have broken the law by entering the country illegally.
But veterans? These are people who have served the republic. In many cases, these are people who have fought and bled for the republic. Their rights under the Second Amendment are now, thanks to this review and determination, a lot more secure. This was a great injustice; it is no longer.
Need another reason to go vote in the midterms this fall? Here you are.
Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.
Help us continue to report on their efforts and legislative successes. Join RedState and use promo code FIGHT to get 60% off your VIP membership.
Join the conversation as a VIP Member