Luttrell leads call for clarity after VA witness challenges compliance with proposed legislation

WASHINGTON – Congressman Morgan Luttrell (R-TX), Chairman of the House Veterans Affairs Committee’s (HVAC) Subcommittee on Disability Assistance and Memorial Affairs (DAMA), sent a letter to U.S. Department of Veterans Affairs Secretary Denis McDonough regarding recent comments from a witness during a DAMA legislative hearing. The witness testified under oath that the Department "will not comply" with the proposed Veterans 2nd Amendment Restoration Act of 2024 if it were enacted. Chairman Luttrell was joined by Representatives Eli Crane (R-AZ), Keith Self (R-TX), and Matthew Rosendale (R-MT).

"I am deeply concerned by the testimony from the Department of Veterans Affairs’ (VA) witness during yesterday’s hearing. This statement was not only shocking but entirely unacceptable," said Chairman Luttrell. "For a federal agency to openly declare its intent to defy a potential law passed by Congress is a blatant disregard of our democratic process and the rule of law. The VA needs to immediately clarify its position on this issue and commit to complying with the Veterans 2nd Amendment Restoration Act of 2024 should it become law."

"Separation of power between the legislative, executive, and judicial branches of government has been a fundamental principle of governance since the founding of our nation," said Congressman Keith Self. "The defiance from Mr. Friel highlights a disturbing trend within the Biden Administration—a willingness to bypass the laws passed by Congress and create outrageous interpretations of statutes to fit their political agenda."

"Our republic is guided by a document that dictates our country’s laws must be written, administered, and adjudicated by three separate but equal branches of government," said Rep. Rosendale. "Disturbingly, the Biden-Harris administration feels empowered to shred Article I of the Constitution to keep firearms out of law-abiding veterans' hands. Laws passed by Congress are not suggestions; they are orders. Veterans deserve the ability to practice the rights granted to them in that document, and the Biden-Harris VA has no right to stand in the way."

As per the letter, "The Veterans 2nd Amendment Restoration Act of 2024 mandates the VA to notify the U.S. Attorney General of any transmissions of veterans' personal information to the FBI’s National Instant Criminal Background Check System (NICS). This would apply to any veteran who was assigned a fiduciary to assist them with their VA benefits, but who has not had any judicial court order or finding that they are a danger to themselves or others, which would be improper under current law." The letter continues: "As you know, the U.S. Attorney General must update, correct, modify, or remove all such NICS records within 30 days of receiving VA’s notice. However, this bill does not guarantee that veterans listed in NICS for reasons other than being assigned a fiduciary by the VA will be removed from the NICS list, thus allowing them to purchase firearms."