Explore The NRA Universe Of Websites

APPEARS IN News

NRA Fact Checks Politifact on Social Security Administration Gun Grab

Wednesday, August 5, 2015

A recent Politifact article attempted to fact check news reports about the Obama Administration’s effort to strip the gun rights of millions of Americans who receive social security and disability benefits who also have a representative payee – someone who handles their finances.

Politifact failed to consult the most relevant source of all for their story, federal law, as a result, they got it wrong.

Politifact’s website identifies the writer as a “Politifact intern.”

 The following Politifact claims are FALSE:

“The new policy would not ban all Social Security Administration (SSA) recipients from owning guns. Rather, it would only affect the small fraction who are deemed mentally incompetent, and who are thus are barred from purchasing guns under the law.”

 “The policy would not take away guns from people who already own them. There is no indication that this policy would take guns away from people who already own guns. Rather, the policy would affect the ability of some mentally incompetent people from buying new guns.”

 The facts:

  • Social Security Administration recipients who have a representative payee have not been deemed “mentally incompetent.” That is not a legal term recognized in federal law as it relates to prohibitions against acquiring or possessing firearms.
  • The federal prohibitions against acquiring or possessing firearms apply to those “adjudicated as a mental defective.” 
  • Under the proposed new policy, individuals who have representative payees would lose the right to possess any guns they might currently own and would be prohibited from purchasing new firearms.
  • The term “adjudication,” refers to a determination made after a judicial-type process that includes various due process protections. In no case does the federal law describe or contemplate the type of prohibition by bureaucratic fiat exercised by the SSA in developing its guidelines for those with “representative payees” assigned to their accounts.
  • The SSA’s representative payee system is not the type of process envisioned by federal firearms statutes.
  • Since 1968, federal law has barred the possession or acquisition of firearms by anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.”[1]
  • The Bureau of Alcohol, Tobacco, Firearms and Explosives has issued regulations that define an “adjudication” as a “determination by a court, board, commission, or other lawful authority that a person is, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs.” This includes a finding of insanity or incompetency in a criminal case.[2]
  •  “Committed to a mental institution” is defined as a “formal commitment of a person to a mental institution by a court, board, or other lawful authority.” The definition makes clear that “[t]he term does not include a person in a mental institution for observation or a voluntary admission.”  The Supreme Court has held that an involuntary commitment is a serious deprivation of liberty that requires due process of law under the Fifth Amendment to the U.S. Constitution.[3]
  • Common reasons SSA beneficiaries request a representative payee include:

 Individual lives far from banks and grocery stores and may wish to have a family member or friend make bank deposits and grocery purchases for them;

 individual may not own a car and needs help with banking and shopping;

 individual may simply want help paying bills, or

 individual may not be good at balancing their checkbook.

 

 [1] 18 U.S.C. §§ 922(d)(4), (g)(4).

[2] 27 CFR § 478.11.

[3] Addington v. Texas, 441 U.S. 418 (1979).


Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

TRENDING NOW
Report Provides Context on “Machinegun-Convertible Pistol” Panic

News  

Monday, June 8, 2026

Report Provides Context on “Machinegun-Convertible Pistol” Panic

Anti-gun lawmakers and their gun control allies exploit menacing language to bolster their arguments against lawful arms: ordinary semi-automatic rifles and pistols become “weapons of war” and “assault weapons;” “large capacity magazines” actually refers to ...

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Massachusetts: Sunday Hunting Stripped from Budget

Thursday, June 11, 2026

Massachusetts: Sunday Hunting Stripped from Budget

House democrats have stripped provisions from the budget bill, H.D. 6042, that would have ended the Commonwealth’s ban on Sunday hunting, in addition to expanding land access and increasing opportunities for crossbow hunting. 

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

Saturday, June 6, 2026

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

On Monday, June 8, the House Judiciary Committee will hear a bill that will force Keystone gun owners to keep their guns under lock and key or face the consequences. 

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

California: Multiple Anti-Gun Bills Scheduled in Committee

Tuesday, June 9, 2026

California: Multiple Anti-Gun Bills Scheduled in Committee

On Tuesday, June 16th,the Senate Public Safety Committee will hear several anti-Second Amendment bills, including AB1743, AB1753, and AB1810. Additionally, on June 23rd, the Senate Judiciary Committee will hear AB 2047, a proposal that effectively ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.