U.S. Congress legislation · 119th Congress
HB1041: Veterans 2nd Amendment Protection Act
Status: Passed one chamber, June 2, 2026
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.
What the bill says
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 SECTION 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 SECTION 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.
From the introduced text, June 2, 2026:
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 SECTION 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 SECTION 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: 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: …