H.R. 1041House119th Congress (2025-2027)Passed House

Veterans 2nd Amendment Protection Act

Sponsored by Mike BostRep. Mike Bost (R-IL)
Introduced February 6, 2025

AI-Generated Summary

Updated June 4, 2026 at 3:13 AM UTC

The Veterans 2nd Amendment Protection Act changes the law so the Department of Veterans Affairs cannot share veterans’ personal data with the Justice Department for background checks unless a court finds the veteran poses a danger. It also requires the VA to tell the Attorney General that the old practice of sharing this data based only on fiduciary decisions is no longer valid, and it clarifies that mental incompetence alone does not make a veteran a mental defect for gun‑ownership purposes.

Key Provisions

  • The VA Secretary may not send a veteran’s personally identifiable information to the Department of Justice for use in the national instant criminal background check system unless a judge or other judicial authority has ordered it because the veteran is deemed a danger to themselves or others.
  • Within 30 days of the law’s enactment, the VA must inform the Attorney General that any past practice of sending such information based solely on a fiduciary‑benefits determination no longer applies.
  • A veteran’s mental incompetence determination or the need for a fiduciary is not enough to label the veteran as a “mental defective” for the purpose of background checks.

Legislative Activity

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20 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

June 2, 2026

View full timeline
HouseIntro Referral

Introduced in House

February 6, 2025

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

February 6, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

May 6, 2025

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 13 - 11.

May 6, 2025

HouseCommittee

Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 119-143.

June 5, 2025

HouseCalendars

Placed on the Union Calendar, Calendar No. 112.

June 5, 2025

HouseFloor

Rules Committee Resolution H. Res. 1300 Reported to House. Rule provides for consideration of H.R. 1041, H.R. 6047 and H.R. 1329. The resolution provides for consideration of H.R. 1041, H.R. 6047, and H.R. 1329 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.

May 19, 2026 • 4:26 PM

HouseFloor

Considered under the provisions of rule H. Res. 1300. (consideration: CR H3684-3692)

May 21, 2026 • 12:15 PM

HouseFloor

Rule provides for consideration of H.R. 1041, H.R. 6047 and H.R. 1329. The resolution provides for consideration of H.R. 1041, H.R. 6047, and H.R. 1329 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.

May 21, 2026 • 12:15 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1041.

May 21, 2026 • 12:16 PM

HouseFloor

The previous question was ordered pursuant to the rule.

May 21, 2026 • 1:16 PM

HouseFloor

Ms. Morrison moved to recommit to the Committee on Veterans' Affairs. (CR H3692)

May 21, 2026 • 1:16 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

May 21, 2026 • 1:16 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1041, the Chair put the question on motion to recommit and by voice vote, announced the ayes had prevailed. Mr. Bost demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

May 21, 2026 • 1:16 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3710-3711)

May 21, 2026 • 6:01 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 208 - 210 (Roll no. 189).

May 21, 2026 • 6:07 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685)

May 21, 2026 • 6:13 PM

HouseFloor

On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685)

May 21, 2026 • 6:13 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 21, 2026 • 6:13 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

May 21, 2026 • 6:13 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

June 2, 2026

Amendments

1 amendment

Offered to this bill

Floor Debate

20 members

What members said about H.R. 1041 on the floor

11 Republicans9 Democrats
Brian Jack
Rep. Brian JackR-GA-3 · May 20, 2026

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1300 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · May 20, 2026

Mr. Speaker, I yield myself such time as I may consume. President Trump has not used his first 18 months in office to reduce costs or end foreign wars like he promised--quite the opposite. Last week,…

Mike Bost
Rep. Mike BostR-IL-12 · May 21, 2026

Mr. Speaker, pursuant to House Resolution 1300, I call up the bill (H.R. 1041) to amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain…

Mark Takano
Rep. Mark TakanoD-CA-39 · May 21, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong opposition to this bill and I urge my colleagues to vote against it, as well. May is Mental Health…

Nicole Malliotakis
Rep. Nicole MalliotakisR-NY-11 · May 20, 2026

Mr. Speaker, I just wanted to take a moment to talk about this bipartisan effort to build the women's history museum. The reality is this was a museum that was first authorized in 2020 with…

Show 8 more
Monica De La Cruz
Rep. Monica De La CruzR-TX-15 · May 6, 2025

Under clause 7 of rule XII, sponsors were added to public bills and resolutions, as follows: H.R. 116: Ms. Boebert. H.R. 151: Ms. Van Duyne. H.R. 255: Mr. Gill of Texas, Mr. Self, and Ms. Crockett.…

Kelly Morrison
Rep. Kelly MorrisonD-MN-3 · May 21, 2026

Mr. Speaker, I rise in strong opposition to H.R. 1041, legislation that would prevent VA from keeping firearms out of the hands of some of the most vulnerable veterans in the VA system. As a…

Mark Takano
Rep. Mark TakanoD-CA-39 · May 20, 2026

Mr. Speaker, I thank the gentlewoman from New Mexico for yielding. Mr. Speaker, I just want to reiterate that if we move forward with this bill without my amendment, 100 percent of the very…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · May 21, 2026

Mr. Speaker, I rise in very strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act. This bill would restore Second Amendment rights to the veterans who valiantly served our Nation but…

Lucy McBath
Rep. Lucy McBathD-GA-6 · May 21, 2026

Mr. Speaker, I thank the ranking member for allowing me to share some insight today. Mr. Speaker, as an American and someone coming from a military family--my father was a dentist in the Army Dental…

Jeff Crank
Rep. Jeff CrankR-CO-5 · May 21, 2026

Mr. Speaker, I thank the distinguished chairman for yielding to me. Mr. Speaker, I rise today in strong support of the Veterans 2nd Amendment Protection Act. I am proud to represent El Paso County…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-25 · May 21, 2026

Mr. Speaker, I thank my friend Ranking Member Takano for his leadership on the committee. I know he feels just as strongly as I do on this issue. That is why I must rise in opposition to this bill…

Chuck Edwards
Rep. Chuck EdwardsR-NC-11 · May 21, 2026

Mr. Speaker, I appreciate the chance to speak on this bill and I certainly appreciate Chairman Bost's leadership on this important matter. Mr. Speaker, I rise in strong support of H.R. 1041, the…

Show 10 more
Greg Landsman
Rep. Greg LandsmanD-OH-1 · May 20, 2026

Mr. Speaker, I came down today to talk about the trans bill that the majority is pursuing this week. This is one of a ton of trans-obsessed bills. I am struggling, Mr. Speaker, because this is…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · May 21, 2026

Mr. Speaker, I rise in strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act because I do, in fact, care about our veterans. For three decades, the Department of Veterans Affairs has…

Lauren Boebert
Rep. Lauren BoebertR-CO-4 · May 21, 2026

Mr. Speaker, I rise today in strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act. Our veterans answered the call when this Nation needed them most. They fought to defend the very…

Angie Craig
Rep. Angie CraigD-MN-2 · May 20, 2026

Mr. Speaker, I missed votes today due to a family emergency. Had I been present, I would have voted YEA on Roll Call No. 176 (Agreeing to H. Res. 1299), YEA on Roll Call No. 177 (Passage of H.R.…

Sam Graves
Rep. Sam GravesR-MO-6 · May 20, 2026

Mr. Speaker, I missed a series of votes today. Had I been present, I would have voted YEA on Roll Call No. 182, NAY on Roll Call No. 183, AYE on Roll Call No. 184, YEA on Roll Call No. 185, and AYE…

Emily Randall
Rep. Emily RandallD-WA-6 · May 21, 2026

Mr. Speaker, I have a motion to recommit at the desk. Mr. Speaker, on that I demand the yeas and nays.

John James
Rep. John JamesR-MI-10 · May 21, 2026

Mr. Speaker, had I been present, I would have voted NAY on Roll Call No. 187.

Joseph D. Morelle
Rep. Joseph D. MorelleD-NY-25 · May 21, 2026

Mr. Speaker, on that I demand the yeas and nays.

Mark Takano
Rep. Mark TakanoD-CA-39 · May 21, 2026

Mr. Speaker, on that I demand the yeas and nays.

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · May 20, 2026

Mr. Speaker, I demand a recorded vote.

Bill Text

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Referred in SenateIssued June 2, 2026

IIB

119th CONGRESS

2d Session

H. R. 1041

IN THE SENATE OF THE UNITED STATES

June 2, 2026

Received; read twice and referred to the Committee on Veterans' Affairs

AN ACT

To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the national instant criminal background check system, and for other purposes.

1.

Short title

This Act may be cited as the Veterans 2nd Amendment Protection Act.

2.

Prohibition on Secretary of Veterans Affairs transmittal of certain information to the Department of Justice for use by the national instant criminal background check system

(a)

In general

Chapter 55 of title 38, United States Code, is amended by inserting after section 5501A the following new section:

5501B.

Prohibition on transmittal of certain information to the Department of Justice for use by the national instant criminal background check system

The Secretary may not transmit to any entity in the Department of Justice, for use by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901; Public Law 103–159; 107 Stat. 1541), personally identifiable information of a beneficiary, solely on the basis of a determination by the Secretary to pay benefits to a fiduciary for the use and benefit of the beneficiary under section 5502 of this title, without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such beneficiary is a danger to themselves or others.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 5501A the following new item:

.

3.

Notification of lack of basis for the Secretary of Veterans Affairs to have transmitted certain information to the Department of Justice for use by the national instant criminal background check system

(a)

In general

Such chapter (as amended by section 2) is further amended by inserting after section 5501B the following new section:

5501C.

Notification of lack of basis for transmittal of certain information to the Department of Justice for use by the national instant criminal background check system

The Secretary shall, within 30 days of the enactment of the Veterans 2nd Amendment Protection Act, and in accordance with section 103(e)(1)(D) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)(1)(D); Public Law 103–159; 107 Stat. 1541), notify the Attorney General that the basis for the transmittal, on or after November 30, 1993, by the Secretary, of personally identifiable information of a beneficiary, solely on the basis of a determination by the Secretary to pay benefits to a fiduciary for the use and benefit of the beneficiary under section 5502 of this title, to any entity in the Department of Justice, for use by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901; Public Law 103–159; 107 Stat. 1541), does not apply, or no longer applies.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter (as amended by section 2) is further amended by inserting after the item relating to section 5501B the following new item:

5501C. Notification of lack of basis for transmittal of certain information to the Department of Justice for use by the national instant criminal background check system.

.

4.

Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective

(a)

In general

Such chapter (as amended by sections 2 and 3) is further amended by inserting after section 5501C the following new section:

5501D.

Determination of mental incompetence is insufficient basis to treat a person as a mental defective

The Secretary shall not treat a person as having been adjudicated as a mental defective solely on the basis that the Secretary has determined that such person—

(1)

is mentally incompetent under section 3.353 of title 38, Code of Federal Regulations (or successor regulation); or

(2)

requires a fiduciary under section 5502 of this title.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter (as amended by sections 2 and 3) is further amended by inserting after the item relating to section 5501C the following new item:

5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective

.

Passed the House of Representatives May 21, 2026.

Kevin F. McCumber,

Clerk.