VA Officials Tell Congress They Are Above the Law, U.S. Constitution

By Mark Oliva

In what can only be described as a shocking display of insubordination and defiance of what could potentially become law, an official from the U.S. Department of Veterans Affairs told Congress that they will not comply with the law to protect the Second Amendment rights of veterans, should a measure be passed by Congress and signed into law.

The official said the Department of Veterans Affairs would ignore the law and continue to send the names of veterans who require a representative to manage their financial affairs to the FBI’s National Instant Criminal Background Check System (NICS) to be listed as prohibited individuals. The official said unelected and unaccountable government bureaucrats would defy Congress to deny veterans their Second Amendment rights – all without judicial review or adequate Due Process.

Defying Congress, the Law and U.S. Constitution

The Department of Veterans Affairs Deputy Director of Pension and Fiduciary Service Kevin Friel testified before the U.S. House Subcommittee on Disability Assistance and Memorial Affairs and openly told Members of Congress that should legislation protecting the Second Amendment rights for veterans be passed and signed into law – Veterans Affairs officials would ignore it.

U.S. Rep. Matt Rosendale (R-Mont.) questioned Veterans Affairs officials over concerns that stipulations in the department’s regulations that allows them to forward veterans’ names to FBI NICS to make them prohibited individuals without a judge’s order could cause some veterans to forego mental health treatment. Deputy Director Freil said he didn’t share those concerns.

Rep. Rosendale wasn’t done.

“Is it the VA’s position that the VA will not comply with an act of Congress?” he asked.

“Yes sir. I guess, based off of what you have in testimony, yes sir,” Deputy Director Friel answered.

“That you would not comply?” Rep. Rosendale reiterated.

“Yes sir,” Deputy Director Friel confirmed.

“Well, I’m glad everybody hears that on the record – that the VA is going to refuse to comply regardless of what we actually pass here,” Rep. Rosendale said.

A moment here for a little perspective. Americans serving in the military take an oath to “… support and defend the Constitution against all enemies, foreign and domestic…” The Department of Veterans Affairs’ mission is: To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors.

That doesn’t give unelected bureaucrats latitude to unilaterally decide which laws they would choose to follow or ignore. It certainly doesn’t give them authority to singularly decide to deprive a veteran a Constitutionally-protected right – especially from someone who served to preserve those same rights to all Americans.

Congressional Fix

Earlier this year, Congress passed a law that was later enacted that takes away the ability for the Department of Veterans Affairs to submit names to the FBI NICS of veterans who require a fiduciary to be included with those who are listed as individuals prohibited from possessing a firearm. That law, though, is only effective until Sept. 30, when the new fiscal year ends. That’s why Congress is debating the “Veterans Second Amendment Protection Act,” introduced by House Veterans Affairs Committee Chairman Mike Bost (R-Ill.) as H.R. 705. That NSSF-supported legislation is critical to protecting veterans’ rights. That bill specifically bars the Department of Veterans Affairs from transmitting veterans’ names to FBI NICS solely for the reason that the veteran has been appointed a fiduciary to assist in managing their financial details.

“For far too long the men and women who have fought to protect every Americans’ constitutional right to bear arms have wrongfully been discriminated against. This Congress, that ends,” said Chairman Bost when he introduced the legislation. “Today I am reintroducing the Veterans 2nd Amendment Protection Act, legislation to ensure that veterans are given the same due process rights as every other American. No VA bureaucrat should have the ability to instantly strip a veteran of their 2nd Amendment rights simply because they use a fiduciary to help them manage their benefits.”

Incredibly, these bureaucrats are thumbing their nose not just at Congress and the veterans they are charged with serving. They’re placing themselves as the sole arbiter of which veterans get to exercise the Constitutional rights they swore, served and fought to protect.

‘Soul Searching to Do’

The Department of Veterans Affairs Deputy Undersecretary Glenn Powers doesn’t have a problem with that. He testified that the department opposes the Veterans Second Amendment Protection Act and insisted his department already provides a sufficient method for beneficiaries who have been reported to NICS to “petition for relief.”

“VA did not err in reporting, and if passed into law VA could not comply,” Deputy Director Powers said. Not only that, he told Rep. Eli Crane (R-Ariz.) that his planned “Safeguarding Veteran Second Amendment Rights Act,” that would bar the Department of Veterans Affairs from supporting extreme risk protection orders, or so-called “Red Flag” laws to seize firearms without adequate Due Process rights protections, would also be a non-starter for those government bureaucrats.

Deputy Director Powers complained to Rep. Crane that the legislation “places the security and safety of veterans their families and communities at risk and ultimately prevents VA from providing appropriate care for some of our most vulnerable veterans.”

Rep. Crane rejected both arguments, telling Deputy Director Friel, “The problem is we’re talking about veterans’ rights and due process and their right to bear and keep arms, another constitutional premise. But you, you’re willing to do what your boss tells you to do, even if it violates their rights.”

He added, “You should do some soul searching sir, you really should.”

About the Author
Mark Oliva is NSSF’s Managing Director of Public Affairs for NSSF, The Firearm Industry Trade Association. He is a retired Marine Master Gunnery Sergeant with 25 years of service, including tours in Iraq, Afghanistan, Haiti, Albania and Zaire.

You may also be interested in: