Explore The NRA Universe Of Websites

APPEARS IN News

Social Security Administration Releases Proposed Rulemaking on Disability-Related Gun Ban

Friday, April 29, 2016

Social Security Administration Releases Proposed Rulemaking on Disability-Related Gun Ban

On Friday, the Social Security Administration (SSA) released a draft of a proposed rulemaking that would supposedly bring the agency into compliance with what it claims is its responsibility to report prohibited persons to the National Instant Criminal Background Check System (NICS). The proposal focuses on five factors to determine if certain SSA recipients receiving Disability Insurance or Supplemental Security Income (SSI) have been “adjudicated as a mental defective” and are therefore federally prohibited from possessing or receiving firearms. It would also create an administrative procedure for affected individuals to petition for restoration of their rights. The proposed rule will remain open for public comment for 60 days. 

We have been reporting since last summer on the Obama administration’s plan to use SSA as a basis to strip Americans of their Second Amendment rights. Concerns were initially raised by a report in the Los Angeles Times that SSA would follow the lead of the Department of Veterans Affairs by broadly reporting all beneficiaries receiving payments whose funds were disbursed to another individual on the beneficiary’s behalf. This prompted congressional inquiries, to which SSA replied that the plan would not apply to all beneficiaries assigned representative payees. The agency did not, however, elaborate on who would be included, and it did not rule out using the assignment of a representative payee as a consideration in determining who was reportable.

SSA’s intentions have now been made public. As outlined in the proposal, SSA would use five factors to determine which of its Disability Insurance or SSI recipients have been “adjudicated” by the agency as “mental defectives.” 

The first factor is whether the individual filed his or her claim with SSA based on disability. Thus, merely receiving retirement benefits from SSA would not trigger further action.

The second factor would require the agency to determine which individuals have “been found disabled based on a finding that the individual’s impairment(s) meets or medically equals the requirements of one of the Mental Disorders Listing of Impairments” set forth in SSA rules. Those disorders cover a broad range of conditions, including but not limited to organic mental disorders, intellectual disabilities, anxiety-related disorders, personality disorders, substance addiction, and autism and other developmental disorders. Symptoms of these disorders can range from outright incoherence or hallucination to milder presentations such as sleep or appetite disturbances, decreased energy, or even “inflated self-esteem.”

The third factor is whether the individual has “a primary diagnosis code in [SSA’s] records based on a mental impairment.” According to the proposal, “The primary diagnosis refers to the basic condition that renders an individual disabled” under relevant SSA rules.

The fourth factor focuses on the individual’s age, specifically on whether he or she is at least 18 years old but has not yet attained full retirement age.

Factor five is whether the agency has determined the beneficiary’s payments are to be made through a representative payee based on a determination that he or she is incapable of managing them as a result of marked subnormal intelligence, or mental illness, incompetency, condition or disease.

If all five of these factors are met, the individual would be reported to NICS as a “mental defective” and banned (presumably for life) from receiving or possessing firearms. 

The rule would also allow affected individuals to petition for restoration of rights. Under its terms, relief from Second Amendment disabilities “may” be granted if the individual could “establish to [SSA’s] satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest.”

Overall, while the proposal is not as drastic as many initially feared and is procedurally more narrowly-tailored than the indefensible procedures of the Veteran’s Administration (VA), it still raises substantial cause for concern. Far more people are potentially implicated in the SSA regime than in VA’s regime because of the broader reach of SSA’s programs. The White House itself estimates that some 75,000 each year could be affected, with no upper limit or end in sight. And while SSA’s procedures at least consider (unlike VA’s) whether the underlying basis of disability is a mental impairment, those impairments cover a range of conditions, from those that might increase a tendency toward aggressive or self-destructive behavior to those that won’t. 

Indeed, at no point in the actual “adjudication” is the individual’s propensity for violence a necessary consideration. Rather, the question ultimately devolves to whether or not the individual has any sort of mental condition and can responsibly handle money, which is not a fair basis to strip someone of their constitutional rights. The procedures established for relief, moreover, lack adequate due process and do not even allow the petitioner the opportunity for an administrative hearing. 

From beginning to end, in fact, SSA’s process makes no provision whatsoever for the individual to attend a formal hearing before an adjudicative authority, to put forth their own experts, or to cross-examining adverse witnesses. It only involves anonymous bureaucrats reviewing documents in a government-compiled file. That is hardly the process most Americans would consider an adjudication, and certainly not one sufficient to strip someone of fundamental liberties.

Ultimately, SSA’s rulemaking highlights the need for systemic changes to the federal laws concerning when mental illness results in a person being prohibited from possessing and receiving firearms. Financial acumen, even if related to an underlying issue with sleep disturbances or inflated self-esteem, has no necessary relationship to a propensity for violence, and it’s not a sufficient basis to strip persons of their inalienable right to self-defense. This is exactly why NRA is supporting corrective legislation, including the Mental Health and Safe Communities Act of 2015, the Social Security Beneficiary 2nd Amendment Rights Protection Act, and the Veterans 2nd Amendment Protection Act.

In the meantime, comments may be submitted on the SSA rulemaking in several ways:

  • Via the online Federal eRulemaking portal at  https://www.regulations.gov/#!documentDetail;D=SSA-2016-0011-0001
  • Via facsimile at (410) 966-2830; or
  • By sending them through the mail to NICS Comments, Social Security Administration, 3100 West High Rise Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401.
TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

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.