The U.S. Department of Veterans Affairs announced a policy change it says is intended to protect the constitutional rights of Veterans who receive financial-management assistance through the agency’s fiduciary program. Effective immediately, the department will no longer report Veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System solely because they require a fiduciary to help manage VA benefits.

Federal officials described the move as correcting a decades-old practice that affected thousands of Veterans who had been categorized as prohibited from possessing firearms without a judicial determination of dangerousness or other legal disqualification.

Due-Process Concerns

According to the department, an internal review concluded that prior reporting practices did not meet federal legal standards governing firearm prohibitions. Officials said participation in the fiduciary program—designed to assist individuals who need help managing benefit payments—does not by itself constitute a finding that a person poses a risk to themselves or others.

The agency stated that federal law requires a determination by a judicial or quasi-judicial authority before an individual can be entered into the background-check system as prohibited from possessing firearms. A fiduciary determination made within the VA administrative process was found to fall short of that threshold.

Removal of Prior Reports Underway

In addition to halting future reporting based solely on fiduciary status, the department said it is coordinating with the FBI to remove prior VA-originated entries tied only to fiduciary participation. Officials said the goal is to ensure Veterans are not restricted from firearm ownership without the level of legal process required under federal statute.

Constitutional Correction

VA Secretary Doug Collins said the shift is intended to restore due-process protections and equal treatment under the law for Veterans who rely on financial assistance services.

Attorney General Pamela Bondi said the Department of Justice supports the change and has directed the Bureau of Alcohol, Tobacco, and Firearms to review relevant regulations and propose revisions aimed at preventing similar issues in the future.

Implications

The announcement signals a significant change in how federal agencies interpret the relationship between benefits administration and firearm eligibility. The decision may also influence ongoing national discussions surrounding mental health, administrative determinations, and constitutional protections for Veterans.

No timeline was provided for the full completion of record removals from the background-check system, though officials indicated the process is already underway.

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