Explore The NRA Universe Of Websites

NRA Supports Senator Cornyn’s Bill to Halt Obama NICS Abuses

Friday, August 7, 2015

NRA Supports Senator Cornyn’s Bill to Halt Obama NICS Abuses

On August 5th, U.S. Senator John Cornyn (R-TX) introduced S. 2002, a bill to protect the Second Amendment rights of law-abiding citizens from continued bureaucratic abuse by the Obama Administration.  As we reported on July 18th, Obama’s latest gun grabbing ploy was to forward all individuals receiving Social Security Administration (SSA) benefits through a representative payee to the National Instant Criminal Background Check System (NICS) as “prohibited persons” under federal firearms law.  This is estimated to impact over 4 million Americans.

But this approach is nothing new to Obama bureaucrats.  In fact, stripping Second Amendment rights by administrative fiat has become Obama’s favored tactic in the face of Congress’ refusal to pass gun control.  As we’ve previously reported, the Veterans Administration (VA) was the first to develop an administrative mechanism to forward records to NICS without due process protections in place.  The VA is doing so for those veterans who have a fiduciary assigned to their account.  This is being done without any adjudication or finding that such veterans pose a danger to the community, but simply because they need help managing their financial affairs. The bill clarifies that an “adjudication” under the Gun Control Act’s (GCA) mental health provisions will require due process protections, including a full hearing in which an individual has notice, the opportunity to participate, and the right to counsel.   Moreover, the findings of such a process are clearly specified and focus on adjudications that involve individuals that are a danger to themselves or others. 

While Obama may relish the ease by which his pencil-pushers can deprive American citizens of constitutional protections, the NRA has pressed Congress for legislation to end this abuse.   Senator Cornyn answered our call by introducing S. 2002, a bill that provides critical protections needed in the face of Obama’s bureaucratic onslaught.  

The bill clarifies that an “adjudication” under the Gun Control Act’s (GCA) mental health provisions will require due process protections, including a full hearing in which an individual has notice, the opportunity to participate, and the right to counsel.   Moreover, the findings of such a process are clearly specified and focus on adjudications that involve individuals that are a danger to themselves or others. 

Importantly, the bill removes the category “lacks the ability to contract or manage affairs” as relevant to the determination of a prohibited person under the GCA.  This provision was the hook used by the VA and SSA, and presumably being considered by other federal agencies under Obama’s directive, to sweep broad swaths of the American public into NICS.  

For veterans, the bill even provides additional protections.  It requires notification to veterans who have been submitted to NICS under the “fiduciary” program and an opportunity to have their individual case reviewed by a board established for this purpose.  The standard is exactly where it should be, requiring the new board to find the veteran is actually a danger to themselves or others to justify retaining their record in NICS.  In all cases, the board’s decision will be subject to court review. 

The bill would also significantly expand avenues of relief from firearm prohibitions for others, including those who have their record expunged, those who are no longer subject to an order for treatment, and those who have been granted relief by a state program.   The bill further requires the Attorney General to remove from NICS the record of any person who would not be considered prohibited under the new requirements of the bill.  

The states will be encouraged to submit records with a “carrot and stick” approach where the states can maximize grant allocations by forwarding 90% or more of disqualifying mental health records within 18 months of the bill’s passage.  Importantly, the bill’s safeguards provide the standards by which records can be transmitted.  Only those mental health adjudications which comply with the new due process protections are to be forwarded.  

In summary, this bill would protect millions of law-abiding citizens from bureaucratic abuse by the Obama Administration, while ensuring only relevant records that comply with the new due process safeguards are entered into NICS. 

 

 

TRENDING NOW
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

News  

Friday, November 2, 2018

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms. The most prominent of these ...

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

News  

Friday, November 9, 2018

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

The votes have all been cast in the 2018 midterm elections. And while the counting and recounting is still under way in some places, the overall picture that has emerged soundly refutes the breathless media narrative of ...

Missing the Marx: Gun Control’s Future is … Communism?

News  

Friday, November 2, 2018

Missing the Marx: Gun Control’s Future is … Communism?

After every high profile crime committed with a firearm of any sort, there are always calls for gun control. But one particular proposal this week managed to distinguish itself amid the usual din, if only ...

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

News  

Friday, November 2, 2018

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

In an odd turn, just before Halloween one prominent gun control group briefly got out of costume. When former Congresswoman Gabrielle Giffords and husband Mark Kelly launched Americans for Responsible Solutions (now named Giffords) in ...

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

News  

Friday, October 12, 2018

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

Actors and actresses should generally stick to what they know best; repeating the lines others have written for them. Jamie Lee Curtis recently decided to try to explain, in her own words, how much she ...

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

News  

Friday, October 12, 2018

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

Gun control advocates are constantly looking for the right messenger to push an agenda that boils down to law-abiding Americans giving up their freedoms, their security, and their property without expectation of affecting the behavior ...

Republican Mayor Survives Recall Effort After Twitter-Checking David Hogg

News  

Friday, October 26, 2018

Republican Mayor Survives Recall Effort After Twitter-Checking David Hogg

Fortunes seem to rise and fall on Twitter with alarming regularity. But the platform may not be an equal opportunity soapbox, with some opinions reportedly getting more exposure than others and some speakers seemingly operating with greater impunity. ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Georgia Gubernatorial Candidate Stacey Abrams Reiterates Support for Semi-automatic Ban

News  

Friday, November 2, 2018

Georgia Gubernatorial Candidate Stacey Abrams Reiterates Support for Semi-automatic Ban

During a recent segment on ABC’s The View, Stacey Abrams reiterated her support for a ban on commonly-owned semi-automatic firearms. During an interview with the candidate, host Meghan McCain, daughter of longtime U.S. Senator John McCain, ...

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.