Rep. Clyde, Andrew S. [R-GA-9] appears as an original cosponsor. The bill would prohibit VA from sending disability-only veteran records to NICS solely because of a service-connected disability.
Support legislation preventing the Department of Veterans Affairs from sending disability-only veteran records to NICS solely because of a service-connected disability.
Occurrences
The Veterans 2nd Amendment Protection Act would end this practice by prohibiting the VA from transmitting veterans’ personal information to NICS unless there is a judicial determination that the individual is a danger to themselves or others.
H.R.1041 - Veterans 2nd Amendment Protection Act
Evidence
This bill prohibits the Department of Veterans Affairs from transmitting personally identifiable information of veterans or their beneficiaries to the national instant criminal background check system utilized by licensed importers or dealers of firearms solely on the basis that a veteran has a service-connected disability. Cosponsor list includes Rep. Andrew S. Clyde [R-GA-9].
The official title is '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.' The summary says the bill prohibits VA from transmitting personally identifying information solely on the basis that a veteran or beneficiary has an appointed fiduciary to manage benefits, unless a judicial authority finds danger to self or others. The bill was introduced and later reported by committee, but not enacted as of the latest action shown.
The Senate Judiciary Committee press release states that the Veterans 2nd Amendment Protection Act would 'permanently end onerous reporting requirements' that cause veterans who receive help managing VA benefits to be stripped of Second Amendment rights without due process, and notes that House companion legislation was being led in the House of Representatives.
Congress.gov lists Rep. Clyde as a cosponsor of H.R.5286, whose official title says it would prohibit the VA from transmitting certain information to DOJ for use by NICS. The latest action shown is 2023-09-01, when the bill was referred to the Subcommittee on Disability Assistance and Memorial Affairs, and the bill status remains Introduced.
Assessments
Andrew S. Clyde materially advanced the exact policy by cosponsoring H.R. 5286, which would have prohibited the VA from transmitting disability-only veteran information to NICS. However, the bill stalled and was not enacted, so the promise was not fully delivered. The record supports credit for serious legislative effort, not completion.
Clyde materially supported the promised policy by cosponsoring H.R.5286 in the 118th Congress, which directly matched the claim by prohibiting VA transmission of veteran information to NICS solely because of a service-connected disability. Related legislation also advanced in the 119th Congress, but the evidence shows no enactment or completed federal policy outcome. Because the promised legislative outcome was attempted but not delivered, this is best classified as never with an effort badge.