HR1041
Referred to committee
Veterans 2nd Amendment Protection Act
- Federal
- House
- Introduced Feb 6, 2025
- Session 119
Bill Text
Version EHThis Act may be cited as the Veterans 2nd Amendment Protection Act.
Chapter 55 of title 38, United States Code, is amended by inserting after section 5501A the following new section:
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.
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:
Such chapter (as amended by section 2) is further amended by inserting after section 5501B the following new section:
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.
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:
Such chapter (as amended by sections 2 and 3) is further amended by inserting after section 5501C the following new section:
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—
is mentally incompetent under section 3.353 of title 38, Code of Federal Regulations (or successor regulation); or
requires a fiduciary under section 5502 of this title.
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:
Chapter 55 of title 38, United States Code, is amended by inserting after section 5501A the following new section:
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.
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:
Such chapter (as amended by section 2) is further amended by inserting after section 5501B the following new section:
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.
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:
Such chapter (as amended by sections 2 and 3) is further amended by inserting after section 5501C the following new section:
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—
is mentally incompetent under section 3.353 of title 38, Code of Federal Regulations (or successor regulation); or
requires a fiduciary under section 5502 of this title.
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:
Legislative Timeline
23 actions-
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
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Considered under the provisions of rule H. Res. 1300. (consideration: CR H3684-3692)
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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.
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DEBATE - The House proceeded with one hour of debate on H.R. 1041.
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The previous question was ordered pursuant to the rule.
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Ms. Morrison moved to recommit to the Committee on Veterans' Affairs. (CR H3692)
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The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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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.
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Considered as unfinished business. (consideration: CR H3710-3711)
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On motion to recommit Failed by the Yeas and Nays: 208 - 210 (Roll no. 189).
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685)
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On passage Passed by the Yeas and Nays: 216 - 201 (Roll no. 190). (text: CR H3684-3685)
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Motion to reconsider laid on the table Agreed to without objection.
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The title of the measure was amended. Agreed to without objection.
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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.
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Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 119-143.
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Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 119-143.
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Placed on the Union Calendar, Calendar No. 112.
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Committee Consideration and Mark-up Session Held
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Ordered to be Reported by the Yeas and Nays: 13 - 11.
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Introduced in House
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Introduced in House
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Referred to the House Committee on Veterans' Affairs.