02/25/2026
The Department of Veterans Affairs (VA) has officially halted its 30-year practice of reporting veterans in the Fiduciary Program to the FBI's gun background check database.
This major policy shift, announced in February 2026, aims to protect the Second Amendment rights of veterans who require assistance managing their financial benefits.
Key Details of the Policy Change
Immediate Cessation: The VA will no longer automatically flag veterans as "prohibited persons" in the National Instant Criminal Background Check System (NICS) simply because they use a VA fiduciary.
Removal of Past Records: The department is collaborating with the FBI to remove existing records for nearly 200,000 veterans who were previously reported solely due to their participation in the fiduciary program.
Judicial Standard: Moving forward, a veteran's name will only be submitted to NICS if a court or judicial body specifically determines they pose a danger to themselves or others.
Legal Basis: Following a review with the Department of Justice, the VA concluded that the previous policy violated the Gun Control Act and constitutional rights by bypassing the required judicial determination.
Leadership Support: The change was spearheaded by VA Secretary Doug Collins and Attorney General Pamela Bondi as part of a broader effort to ensure veterans receive full due process.
