2nd Amendment Victory- Senate Shoots Down Obama Soc Sec Action

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2nd Amendment Victory- Senate Shoots Down Obama Soc Sec Action

The Obama Administration enacted regulations that required the Social Security Administration notify the FBI of benefits received by Senior citizens. If the senior had anyone help them manage those benefits, they could no longer purchase a gun. Yesterday, the Senate voted to overturn that regulation. It’s one more 2nd Amendment victory.

2nd Amendment victory

And for once, the ACLU agreed that the regulation should be removed. They even wrote a letter to the House Ways and Means Committee in support of its removal.

In December 2016, the Social Security Administration ruled that any senior receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits had someone to help them with finances, they could no longer purchase a gun. Their names were to be forwarded to the NICS system, which is used to do background checks for firearms purchases.

The ACLU letter stated,

We oppose this rule because it advances and reinforces the harmful stereotype that people with mental disabilities, a vast and diverse group of citizens, are violent.

There is no data to support a connection between the need for a representative payee to manage one’s Social Security disability benefits and a propensity toward gun violence. The rule further demonstrates the damaging phenomenon of “spread,”
or the perception that a disabled individual with one area of impairment automatically has additional, negative and unrelated attributes. Here, the rule automatically conflates one disability-related characteristic, that is, difficulty managing money, with the inability to safely possess a firearm.

The rule includes no meaningful due process protections prior to the SSA’s  transmittal of names to the NICS database. The determination by SSA line staff that a beneficiary needs a representative payee to manage their money benefit is simply
not an “adjudication” in any ordinary meaning of the word. Nor is it a determination that the person “[l]acks the mental capacity to contract or manage his own affairs” as required by the NICS.

The House voted to roll back the rule in early February, the Senate did so yesterday. It’s a small step, but an important one in turning back the ridiculous idea that just because you can’t balance your checkbook doesn’t mean you are violent.

 

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Faye Higbee
Faye Higbee
I'm a published author of 4 books, numerous short stories, blogs and editorials. I've been working at Uncle Sam's since 2013. I have two degrees in Criminal Justice and worked for over 31 years at a local police department. I have been a patriotic American since I was a child.

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