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Committee votes to protect vet gun ownership

Lists of veterans who have been assigned fiduciaries to handle financial matters on their behalf could not be used to prevent gun ownership under an amendment approved by the Senate Veterans’ Affairs Committee on Thursday.

By voice vote, the committee attached to a veterans’ health care bill an amendment prohibiting the Department of Veterans Affairs from sharing lists of so-called “incompetent” veterans with the FBI. Only if there has been specific ruling that a veteran poses a risk to himself or others could the VA pass a name on to the FBI for inclusion in records used to make instant background checks before gun purchases, under the amendment to S 2969, the Veterans’ Health Care Authorization Act of 2008.

Sen. Richard Burr of North Carolina, ranking Republican on the veterans’ committee and the chief sponsor of the amendment, said the VA makes a determination of incompetence based, primarily, on whether a veteran is capable of handling his own finances. If he cannot, a fiduciary is appointed to handle their benefits.

The VA’s sharing of records, done under a memorandum of understanding with the FBI, has resulted in about 116,000 veteran’s names being turned over, Burr said. Under current law, veterans have to right to request the removal of their name from the FBI list once it has been turned over, something Burr said presents an unfair burden, especially because other federal agencies, including the Social Security Administration, do not share its records of beneficiaries with fiduciaries with the FBI.

The FBI uses the information in its National Instant Criminal Background Check System. Being listed on that site prevents the purchase of some firearms.

The decision to appoint a fiduciary is an administrative process, decided by a claims adjudicator, who might be an expert in benefits but “are not the ones to be calling the shots on constitutional matters” such as gun ownership, Burr said.

Sen. Daniel Akaka, D-Hawaii, the veterans’ committee chairman, tried to discourage Burr, arguing that jurisdiction over the FBI’s criminal records system is not a veterans’ issue and that more time was needed to study the bill, particularly to get the VA’s views.

After Akaka tried but failed to get enough votes to table the amendment, Akaka was among those voting for it. On the voice vote, only Sen. Patty Murray, D-Wash., opposed the amendment.

Murray said she supported “common sense” gun laws but warned that turning over records of incompetent veterans was something that needed careful study. “We want to tread carefully,” she said.