Wednesday, February 18, 2026

VA Restores Veterans’ Second Amendment Rights After Decades of Unconstitutional Disarmament

VA Restores Second Amendment Rights to Veterans After Decades of Unconstitutional Disarmament, iStock-1335232275
VA Restores Veterans’ Second Amendment Rights After Decades of Unconstitutional Disarmament, iStock-1335232275

For more than 30 years, American veterans who bravely defended our freedoms were stripped of their own Second Amendment rights — not through any crime, not by a judge’s order, and not because they were a danger to anyone — but simply because they needed help managing their VA benefits under a fiduciary program. That changed on February 17, 2026, when the Department of Veterans Affairs (VA) formally ended this unconstitutional practice.

A Unilateral Bureaucratic Gun Ban Ends

Under decades-old policy, veterans who lacked the ability to manage their financial affairs — often due to service-related disabilities — were automatically reported by the VA to the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS) as “prohibited persons.” This reporting effectively barred them from legally owning or purchasing firearms.

In its official announcement, the VA acknowledged that this practice violated both the Gun Control Act and the constitutional rights of veterans, because the department was making life-altering disability determinations without any judicial or quasi-judicial due process — a fundamental right in American law.

Effective immediately, the VA will no longer report veterans to NICS solely because they need fiduciary help, and it is working with the FBI to remove veterans’ names that were improperly submitted in the past.

Historic Pro-Second Amendment Advocacy Paid Off

This outcome was decades in the making, driven by tireless pressure from Second Amendment stalwarts in the grassroots and legislative arenas.

On X, Gun Owners of America (GOA) celebrated the milestone as a long-sought victory: “After THREE DECADES of lobbying by Gun Owners of America, we are proud to announce that the Veteran Gun Ban is officially DEAD.”

GOA’s campaign included formal petitions to the VA, support for legislative measures like the Veterans Second Amendment Protection Act, and continuous public advocacy highlighting the unconstitutional nature of the policy.

Similarly, the National Rifle Association’s Institute for Legislative Action (NRA-ILA) publicly applauded the VA’s decision, noting this policy reversal corrects an “unjust” practice that reversed Second Amendment rights without due process for veterans who asked only for assistance, not punishment.

Why This Matters — Constitutionally and Practically

Today’s announcement from the VA has real constitutional significance: it reaffirms that the right to keep and bear arms cannot be removed by arbitrary federal bureaucrats — only by lawful adjudication. Veterans who have served honorably and, in some cases, suffered injury or disability in service of this country should not be treated as second-class citizens when it comes to their foundational liberties.

Before this policy change, veterans hesitated to seek help from the VA or accept fiduciary assistance for fear of losing their gun rights — often a crucial means of self-defense.

By ending the practice and removing improperly submitted records, the VA finally puts veterans on equal footing with other Americans: no right taken without due process, no liberty removed without legitimate legal cause.

What Happens Next?

While this administrative change is monumental, leading gun rights advocates including GOA and NRA have stressed the importance of legislative codification — ensuring a future administration cannot reverse this hard-won restoration through bureaucratic rule-making alone.

Congressional allies in both chambers have already introduced bills like the Veterans Second Amendment Protection Act that would permanently prohibit the VA from submitting NICS reports unless the veteran is adjudicated a danger by a court — a safeguard many pro-gun advocates deem essential to protect this reform forever.

This long-overdue correction by the VA marks a decisive victory for liberty and for every veteran who ever feared seeking help from their government at the cost of their constitutional rights. It’s a clear rebuke of bureaucratic overreach — and a powerful affirmation that when Americans organize, advocate, and fight for freedom, the principles of the Constitution still prevail.

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