H.R. 496

119 HR 496 IH: Veterans 2nd Amendment Restoration Act of 2025
 U.S. House of Representatives
 2025-01-16
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 EN
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 I  119th CONGRESS  1st Session  H. R. 496  IN THE HOUSE OF REPRESENTATIVES   January 16, 2025   Mr. Crane  introduced the following bill; which was referred to the  Committee on Veterans' Affairs , and in addition to the Committee on  the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To direct the Secretary of Veterans Affairs to notify the Attorney General that basis for the transmission of certain information to the Department of Justice for use by the national instant criminal background check system was improper, does not apply, or no longer applies, and for other purposes.
1.
Short title
This Act may be cited as the   Veterans 2nd Amendment Restoration Act of 2025  .
2.
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
The Secretary of Veterans Affairs shall, within 30 days of enactment of this Act, and in accordance with section 40901(e)(1)(D) of title 34, United States Code, notify the Attorney General that the basis for the transmittal, on or after November 30, 1993, by the Secretary of Veterans Affairs, 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 38, United States Code, 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, was improper, does not apply, or no longer applies.
3.
Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective for certain purposes regarding firearms or ammunition
For purposes of section 922 of title 18, United States Code, a person shall not be treated as having been adjudicated as a mental defective solely on the basis that the Secretary of Veterans Affairs 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 title 38, United States Code.