Va Fl 09-38

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NOTE:

VA_Fast_Letter_09-38.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

September 29, 2009

Director (00/21)

All VA Regional Offices and Centers

Fast Letter 09-38

Subject: Reporting Violations of the Brady Handgun Violence Prevention Act

Purpose

This letter provides guidance for field personnel who may encounter violations of the Brady Handgun Violence Prevention Act.

Background

The Brady Handgun Violence Prevention Act of 1993, Public Law 103-159 (the Brady Act), prohibits the sale of firearms to ineligible persons. Section 922(g)(4) of Title 18, United States Code (U.S.C.), defines an ineligible person as anyone "who has been adjudicated as a mental defective or who (has) been committed to a mental institution." Pursuant to 18 U.S.C. § 922(g)(4) and section 103(e)(1) of the Brady Act, ineligible persons are prohibited from possessing, shipping, transporting, or receiving firearms or ammunition.

Fast Letter 09-08 mandates Field Examiners orally advise incompetent beneficiaries of the Brady Act provisions. Each field examination report must include a declaration certifying that beneficiaries were provided notification of the firearms prohibitions mandated under the provisions of the Brady Act.