S. 2386Senate115th Congress (2017-2019)In Committee

Veterans' Second Amendment Rights Restoration Act of 2018

Introduced February 6, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:07 PM UTC

The Veterans' Second Amendment Rights Restoration Act of 2018 adds a new section to the veterans’ benefits code that changes how the Department of Veterans Affairs can label a veteran as mentally incompetent for gun‑ownership purposes. It requires the government to prove by clear and convincing evidence that a veteran is a danger to self or others before reporting them to the National Instant Criminal Background Check System (NICS). The bill creates notice and appeal procedures, including an administrative board and judicial review, and applies both to existing and future determinations.

Key Provisions

  • Adds §5511 to 38 U.S.C. outlining conditions for treating veterans as mentally incompetent for firearm restrictions.
  • The VA may label a veteran as a danger only after a fiduciary is assigned and the government meets a clear‑and‑convincing‑evidence burden.
  • Veterans receive written notice of any danger determination and have the right to challenge it within 60 days.
  • An administrative review board of three retired judges or ALJs is established to decide appeals, with decisions required within 90 days.
  • Judicial review is available within 45 days of a board decision, and courts may conduct de novo reviews.
  • Emergency court orders can temporarily prohibit firearm access if an imminent danger is identified.
  • If the government fails to meet the burden of proof, the veteran’s information must be removed from NICS.
  • The VA must update related regulations and notify individuals already listed in NICS within 90 days of enactment.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Veterans' Affairs. (Sponsor introductory remarks on measure: CR S653-654)

February 6, 2018

View full timeline
SenateIntro Referral

Introduced in Senate

February 6, 2018

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs. (Sponsor introductory remarks on measure: CR S653-654)

February 6, 2018

Floor Debate

21 members

What members said about S. 2386 on the floor

4 Republicans15 Democrats2 Independents
Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Feb 6, 2018

Mr. President, one of Rhode Island's contributions to the cultural life of our Nation came from two brothers who grew up in Cumberland, RI, Bobby and Peter Farrelly. The Farrelly brothers did a…

Bill Nelson
Sen. Bill NelsonD-FL · Feb 6, 2018

Mr. President, I ask unanimous consent that I make an announcement and then defer to Senator King and then that it come back to me for my statement about offshore drilling. Thank you, Mr. President.…

Patty Murray
Sen. Patty MurrayD-WA · Feb 6, 2018

Mr. President, I rise today to voice my strong opposition to the Trump administration's latest move to override the will of Washington State's citizens--our fishing families, our small business…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 6, 2018

Mr. President, I would like to raise a very important issue that is impacting our veterans population. That issue is the systematic denial of these veterans' Second Amendment rights. This comes up in…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 6, 2018

Mr. President, I would like to raise a very important issue that is impacting our veterans population. That issue is the systematic denial of these veterans' Second Amendment rights. This comes up in…

Show 8 more
Richard Blumenthal
Sen. Richard BlumenthalD-CT · Feb 6, 2018

Mr. President, I am honored to follow my colleagues here today and to be followed by my great friend and colleague, Senator Whitehouse, who has been a wonderful partner in this effort and has helped…

Maria Cantwell
Sen. Maria CantwellD-WA · Feb 6, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come to the floor to speak against the Trump administration's egregious attack on our pristine…

John Thune
Sen. John ThuneR-SD · Feb 6, 2018

Mr. President, the good news for American workers continues to roll in. Just take a look at the headlines from the last week: ``Pfizer Plans $5 Billion Boost in U.S. Manufacturing From Tax Law…

Ron Wyden
Sen. Ron WydenD-OR · Feb 6, 2018

Mr. President, I thank both of my colleagues, and I thank my colleague from Florida for his courtesy. I am going to be brief. My views on this issue can be summed up in a tweet that I sent on…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 6, 2018

Mr. President, on January 6, 2017, the U.S. intelligence community released a shocking report. It stated: ``We assess with high confidence that Russian President Vladimir Putin ordered an influence…

Bernard Sanders
Sen. Bernard SandersI-VT · Feb 6, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, it is no secret that our country faces a major healthcare crisis and, in fact, a dysfunctional…

Robert Menendez
Sen. Robert MenendezD-NJ · Feb 6, 2018

Mr. President, first of all, let me congratulate my colleague from Florida on the most recent historic launch. There is no one who has been a greater advocate for America's space program than Senator…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Feb 6, 2018

Mr. President, first, I thank Senator Whitehouse for bringing this issue to the attention of our colleagues and the American people. As Senator Whitehouse points out, we have seen from the White…

Show 10 more
Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Feb 6, 2018

Mr. President, I am here with Senator Nelson, Senator Whitehouse, and Senator Cardin because I share their concerns about the rising chorus of partisan attacks, not only on Special Counsel Robert…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Feb 6, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, today I rise to address an issue that probably is not of great concern to the citizens of…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Feb 6, 2018

Mr. President, I rise today to denounce--this is a strong word but an appropriate word--the Republican effort to undermine America's faith in important institutions--all to protect Donald Trump from…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Feb 6, 2018

Mr. President, I wish to thank Senator Cantwell for organizing the opportunity this afternoon to speak about this egregious decision that was made by the Trump administration that will allow for…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Feb 6, 2018

Mr. President, I appreciate that Senator Cantwell organized this time for a group of us to come to the floor to speak about this disastrous, insane plan to drill throughout 90 percent of our coastal…

Deb Fischer
Sen. Deb FischerR-NE · Feb 6, 2018

Mr. President, we have an opportunity before us today to fund key priorities that we all agree are important. The American people elected all of us to do a job, and that job is to provide for the…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Feb 6, 2018

Mr. President, first, I thank the Senator from Florida for yielding and congratulate him on the success of this launch in Florida. As he said, it is a huge boost, if you will, for the space industry…

Jeff Flake
Sen. Jeff FlakeR-AZ · Feb 6, 2018

Mr. President, last fall I had the honor to stand in this Chamber and deliver remarks on the subject of a great and growing concern to me--the stewardship of our democracy at the hands of the most…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Feb 6, 2018

Mr. President, today I am introducing the Carryover Equity Act of 2018 to eliminate the 20 percent carryover limitation which is an impediment to flexibility and effective financial planning of the…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 6, 2018

I yield the floor. I suggest the absence of a quorum.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued February 6, 2018

II

115th CONGRESS

2d Session

S. 2386

IN THE SENATE OF THE UNITED STATES

February 6, 2018

Mr. Grassley (for himself, Mr. Manchin, and Mrs. Ernst) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To provide additional protections for our veterans.

1.

Short title

This Act may be cited as the Veterans’ Second Amendment Rights Restoration Act of 2018.

2.

Additional protections for our veterans

(a)

In general

Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

5511.

Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

(a)

In general

(1)

Beginning on the date of enactment of this section, in any case arising out of the administration by the Secretary of laws and benefits under this title, the Secretary shall not determine a person to be adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 unless the Federal Government has met the burden of proving, by clear and convincing evidence, that the person is a danger to self or others.

(2)

The process to determine whether such person is a danger to self or others, as set forth in this section, shall proceed only after the Department has determined that a person requires the assignment of a fiduciary due to a finding of mental incompetency.

(3)

A person who is subject to the process set forth in this section that may result in a finding that he or she is a danger to self or others shall be provided formal notice and a process by which to challenge the Federal Government’s position, and shall be provided written notice of the effect of the ruling with respect to their ability to own and possess firearms and the protections granted under this section.

(b)

Determination of dangerousness

(1)

The process by which a person may be determined to be a danger to self or others shall be initiated, with the exception of those persons described in subsection (i)(1), only after the Department has determined that a person requires the assignment of a fiduciary due to a finding of mental incompetency and if the Department has a reasonable basis based on articulable facts that a person may be a danger to self or others. After such reasonable basis is found, the Department may then proceed to formally determine, based on clear and convincing evidence, whether such person is a danger to self or others for purposes of reporting to the National Instant Criminal Background Check System.

(2)

Factors To consider in the course of determining a reasonable basis

In analyzing whether a reasonable basis exists that a person is a danger to self or others, the Department may consider all records reviewed in the course of assigning a fiduciary. Once that reasonable basis is found to exist, the Department may then proceed to formally determine, based on clear and convincing evidence, whether a person is a danger to self or others for purposes of reporting to the National Instant Criminal Background Check System.

(3)

Factors To consider in the course of determining whether a person is a danger to self or others

(A)

In analyzing whether a person is a danger to self or others, the Department may consider all records reviewed in the course of assigning a fiduciary and a person’s existing medical records.

(B)

In analyzing whether a person is a danger to self or others, the Department may consider a current statement from the beneficiary’s primary-health physician assessing the beneficiary’s current and past (5-year period preceding the initiation of this process) mental health status, specifically whether the beneficiary has ever been a danger to self or others. A statement shall be considered current if it is based upon an assessment conducted during the 90-day period immediately preceding the initiation of the Medical Review.

(C)

In analyzing whether a person is a danger to self or others, the Department may consider the beneficiary’s reputation, as provided in statements and other evidence relating to the beneficiary. These statements must identify the person supplying the information; provide the person’s complete contact information, to include a current address and telephone number; and describe the person’s relationship with the beneficiary and frequency of contact. Specifically, the person providing such a statement shall indicate whether the beneficiary has a reputation for violence and explain why the beneficiary is a danger to self or others.

(D)

In analyzing whether a person is a danger to self or others, the Department may consider other factors reasonably bearing on whether such person is a danger to self or others.

(E)

If after review of evidence acquired in paragraph (3) the Department finds based on clear and convincing evidence that a person is a danger to self or others, the Department shall proceed to subsection (c) to initiate a formal process to notify such person.

(4)

If a conclusion by the Department that a person is a danger to self or others is not made in accordance with paragraphs (1) through (3), the Federal Government shall not begin the process to find that such person is a danger to self or others.

(c)

Process

If a conclusion that a person is a danger to self or others is made under subsection (b), not later than 30 days after that date on which such conclusion is made, the Department shall provide notice to the person, in writing, of the medical finding, the rights and protections afforded by this section, and the effect of a future administrative or judicial ruling with respect to the ability of the person to own and possess firearms.

(d)

Administrative review

(1)
(A)

Except as provided in subsection (i), not later than 60 days after the date on which a person described in subsection (a) receives notice of the pendency of the Federal Government action to determine whether or not such person is a danger to self or others, such person may request a review by the board designed or established under paragraphs (2) and (3) or a court of competent jurisdiction to determine whether such person is a danger to self or others.

(B)

If such person does not specify a forum, the Federal Government shall choose the forum.

(C)

In such assessment, the board may consider the person’s honorable discharge or decoration and other mitigating factors reasonably bearing on whether such person is a danger to self or others.

(2)

Not later than 120 days after the date of enactment of this section, the Secretary shall designate or establish a board that shall, upon request of a person under subsection (a), make a determination after both parties have presented their case as to whether a person is a danger to self or others.

(3)

The board shall consist of three individuals, who shall either be retired Federal or State judges in good standing or administrative law judges appointed under section 3105 of title 5, United States Code, in good standing, for a term of two years each and a majority decision shall control.

(4)

A determination by the board designated or established under paragraph (2) or by a court of competent jurisdiction that a person does not meet the standard under subsection (f) shall preclude the Secretary from reporting such person to the National Instant Criminal Background Check System for the purpose of prohibiting the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition.

(5)
(A)

Not later than 90 days after the date on which the person or Federal Government chooses the administrative review process, the board shall make a determination.

(B)

If the board does not make a determination within the required 90-day period, the Secretary shall not report the person to the National Instant Criminal Background Check System for the purpose of prohibiting the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition.

(e)

Judicial review

(1)

Not later than 45 days after the date on which an assessment of a person under subsection (d) is made, such person or the Federal Government may file a petition for judicial review of the board’s determination with a court of competent jurisdiction.

(2)

A court shall review a case under paragraph (1) de novo.

(f)

Burden of proof

The burden of proof for all actions arising under this section shall be on the Federal Government to prove, based on clear and convincing evidence, that a person is a danger to self or others and such burden shall be met before the person may be adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18.

(g)

Emergency order

(1)
(A)

In the case of a person who the Secretary believes may be an imminent danger to self or others, the Secretary may file an emergency petition in a court of competent jurisdiction to seek a temporary order prohibiting the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition, if the Secretary has already transmitted the notification letter described in subsection (c).

(B)

The court in which an action is filed under subparagraph (A) may, if the court finds probable cause exists that a person is an imminent danger to self or others, grant such petition.

(C)

The Secretary shall submit to the court the information and documents, in unredacted form, that support the Secretary’s position.

(2)

Except as provided in paragraph (3), an emergency order issued under this subsection shall expire on the earlier of—

(A)

the date that is 90 days after the date on which the order is issued; or

(B)

the date on which a determination is made by the board established under subsection (d)(2) or a court of competent jurisdiction as to whether the person is a danger to self or others.

(3)

The court may, in its discretion, extend an order issued under this subsection for not more than 30 days.

(h)

Regulatory changes

Consistent with the requirements imposed under this section, the Secretary shall review all relevant regulations and revise such regulations as necessary.

(i)

Persons with existing records

(1)

For persons with existing records in the National Instant Criminal Background Check System database supplied by the Secretary as of the date of enactment of this section, not later than 90 days after such date of enactment, the Secretary shall provide written notice of the opportunity for administrative review or judicial review consistent with this section.

(2)

Each person described in paragraph (1) may, at any time, request administrative review under subsection (d) or judicial review by a court of competent jurisdiction to challenge the placement of the person in the National Instant Criminal Background Check System database consistent with the procedures and standards set forth in this section.

(3)

In an action under this subsection, the failure of the Federal Government to prove, based on clear and convincing evidence, that a person is a danger to self or others consistent with the procedures in this section shall result in the removal of such person’s information from the National Instant Criminal Background Check System database.

(j)

New and material evidence

A person or the Federal Government may reopen a finally adjudicated case by submitting new and material evidence consistent with this section.

(k)

Definitions

In this section—

(1)

the term court of competent jurisdiction means the district court of the United States for the district in which the person who is subject to the assessment or determination resides; and

(2)

the term danger to self or others means, in relation to a person, the person is likely to use, carry, or possess a firearm in a manner dangerous to himself or the public due to mental illness, condition, or disease.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

.

(c)

Applicability

(1)

Determinations before date of enactment

Section 5511 of title 38, United States Code, as added by subsection (a), shall apply with respect to all persons who are determined by the Secretary of Veterans Affairs to be mentally incompetent as of the date of enactment of this Act.

(2)

Determinations after date of enactment

After the date of enactment of this Act, in any case arising out of the administration by the Secretary of laws and benefits under title 38, United States Code, for persons determined to be a danger to self or others, such determination shall be made consistent with section 5511 of title 38, United States Code, as added by subsection (a).