HR 1041 United States House · 119th Congress

Veterans 2nd Amendment Protection Act

HR 1041, the Veterans 2nd Amendment Protection Act, prevents the Department of Veterans Affairs (VA) from automatically sending veterans' personal information to the national background check system (NICS) solely because a court has appointed a fiduciary (like a guardian) to manage their benefits. This directly affects veterans who have a fiduciary appointed due to mental health or cognitive challenges but are not deemed a danger to themselves or others. The bill requires a court order finding the veteran poses a danger before any such information can be shared with the NICS. It changes VA procedures to block unnecessary barriers to firearm ownership for veterans who qualify for fiduciary support without a judicial determination of danger.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Jun 2026

House Passage

May 2026

Senate Passage

President

Introduced Feb 6, 2025 Last action Jun 2, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House → Engrossed in House · 3 edits · May 21, 2026

MINOR

The Engrossed version of HR 1041 adds two new substantive sections beyond the original prohibition on VA transmitting fiduciary-based information to DOJ's background check system. Section 3 requires the VA Secretary to notify the Attorney General within 30 days that past transmittals (since 1993) based solely on fiduciary determinations had no valid legal basis. Section 4 prohibits the VA from treating a person as a 'mental defective' under federal firearms law solely because they were found mentally incompetent or require a fiduciary. These additions significantly expand the bill's scope from preventing future data sharing to also addressing past data and clarifying what does not constitute a disqualifying mental health finding.

Scope change

The bill's scope expanded from a single prohibition on future VA-to-DOJ information transmittal to three provisions: (1) the original prohibition, (2) a requirement to formally notify DOJ that past transmittals were without legal basis, and (3) a new rule clarifying that fiduciary or mental incompetence determinations alone do not make someone a 'mental defective' under firearms law.

REQUIREMENT

New Section 3 requires the VA Secretary to notify the Attorney General within 30 days of enactment that personally identifiable information previously transmitted to DOJ (on or after November 30, 1993) based solely on fiduciary determinations had no valid legal basis for transmittal.

DEFINITION

New Section 4 prohibits the VA from treating a person as having been adjudicated a 'mental defective' (a term that can disqualify someone from purchasing firearms under federal law) solely based on a determination of mental incompetence under 38 CFR 3.353 or a requirement for a fiduciary under section 5502.

TECHNICAL

The reference to the Brady Handgun Violence Prevention Act in Section 2 was expanded to include full statutory citations (34 U.S.C. 40901; Public Law 103-159; 107 Stat. 1541) for clarity.

Floor votes · House May 21, 2026

How they voted

216–201

Passed · 13 other

Total votes 430

May 21, 2026

D Democratic212

7 Yea 200 Nay 5

94% Nay

I Independent1

1 Yea

100% Yea

R Republican217

208 Yea 1 Nay 8

95% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 2, 2026

Committee

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

upper

May 21, 2026

Introduced

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

lower

May 21, 2026

Lower · Passed

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

lower

May 21, 2026

Lower · Passed

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

lower

May 21, 2026

Lower · Passed

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

lower

May 19, 2026

Lower · Passed

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.

lower

Jun 5, 2025

Lower · Passed

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

lower

May 6, 2025

Lower · Passed

Committee Consideration and Mark-up Session Held

lower

Feb 6, 2025

Committee

Referred to the House Committee on Veterans' Affairs.

lower

Feb 6, 2025

Introduced

Introduced in House

lower

1 primary · 70 co-sponsors