What is The American Legion position regarding veterans and their 2nd amendment rights?


What is The American Legion position regarding veterans and their 2nd amendment rights?


It is both sad and ironic that the veterans’ community, a community in which each and every member swore to uphold the Constitution of the United States – including the 2nd Amendment -- requires advocacy to maintain their constitutional right to bear arms. Unless deemed unfit to possess weapons by a judicial authority with the full benefit of due process, The American Legion believes that each veteran, regardless of disability, should maintain the right to possess a firearm. Any constitutional right should be protected with this same expectation of careful scrutiny, to ensure that no right is removed without due process.

Under the Gun Control Act of 1968 (GCA), as amended, persons adjudicated to be mentally defective, or who have been committed to a mental institution are prohibited from possessing, shipping, transporting, and receiving firearms and ammunition. Neither a diagnosis of a mental illness nor treatment for a mental illness is sufficient to qualify a person as “adjudicated as a mental defective.” Rather, an individual’s “adjudication as a mental defective” relies upon a determination or decision by a court, board, commission or other lawful authority.

The Department of Veterans Affairs (VA) has the authority to determine that veterans who are unable to manage their financial affairs have a fiduciary appointed to manage them. VA’s own website states this can be done due to “injury, disease, or due to age.”  Once a determination of the need for a fiduciary is made, VA is required by law to report those veterans requiring a fiduciary to the FBI’s National Instant Criminal Background Check System (NICS). Those veterans are then prohibited from owning firearms or having firearms in their residence.

The American Legion, by resolution, fully supports the 2nd Amendment rights of American citizens.  Furthermore, The American Legion has concerns about this current infringement on the rights of some veterans, and supports legislation to help improve the system and ensure that veterans’ rights are not removed without proper due process.


Louis J. Celli, Jr.Director, Legislative Division


  1. there is supposed to be a bill taking the justice for women away from her commanding officers who are either abusers or hiding there abusers.

  2. Why don't some of these people get jobs/hobbies or move to another country. It's like politics and religion...Don't try to convert me to your way of thinking.

  3. I know we support the 2nd Amendment, not only support but defend the 2nd Amendment. Will the American Legion take a position on bearing arms at individual posts, where allowed by law? It seems that our Post leadership has decided to take this right away from us, without due process (proper discussion among the members) and I believe this to be focused on the American Legion Riders, as many of us carry concealed weapons (with permits/licenses of course). For many of us, carrying a weapon is a way of life and when able, we carry everywhere we go, including to the Legion Post. What is the American Legion's position on this?

  4. I believe veterans should have a federal gun
    license and the New York State Department of
    State should be in charge of issuing this
    license. The veteran should only fill out the
    application online and upload their dd-214
    showing at least one day active duty service
    and other than dishonorable discharge and the
    Division of licensing at New York State Department or State should issue these veterans a federal gun carry permit. This
    permit should allow veterans in carrying their
    weapon in any state in the United States because they could be in danger from terrorist
    attack because they were helping during war
    time or they were in combat fighting terrorist
    organizations in Aphganistan and elsewhere.