Second Amendment advocates hope that President-elect Donald Trump to reverse a new rule by the outgoing Obama administration, under which the Social security system could be used to block gun purchases for thousands of beneficiaries.
“We have already made the request to the trump administration, a view to the repeal of this,” Erich Pratt, Director of gun owners of America, told FoxNews.com.
The Social security administration usually completed in December, under which the Agency shall transmit the information to the National Instant Criminal Background Check System (NICS) on the recipient of the disability insurance and Supplemental Security Income (SSI), if the government determines you mental defective “or are not” capable of managing their own Affairs.
Gun-control groups insist that the government should take measures to keep the guns away from the mentally ill, citing the recent airport shooting in Fort Lauderdale. But critics of the SSA as a rule, claim that the system could be overly broad criteria, at the end to deny weapons to “harmless, law-abiding” people who have no history of violence.
A concern is how a similar program has worked, to the Department of Veterans Affairs has been reporting some of the veterans in the background-check system, if you do not manage your own financial Affairs. The VA reported the names of more than 257,000 military veterans could not manage their finances. A 2012 Congressional Research Service report found reported in 99.3 percent of all names on the background-check system as a “mental defective”, it came from the VA.
“Now it is the same premise, with Social security, if grandpa has problems, pay the bills,” said Pratt.
The SSA change was months in the making. President Obama at the White house announced a package of Executive actions in January 2016, said, “The Social security administration has indicated that the rulemaking process begin with information in the background check system on beneficiaries is prohibited, possession of a firearm for mental health.” The rule was not completed until Dec. 19.
Kate Folmar, spokeswoman for every town for Gun Safety, an advocacy group founded by former New York city mayor Michael Bloomberg, said that this is part of a larger push to ensure that the mentally ill don’t get weapons.
“Certainly, Fort Lauderdale shootout stresses that more can be done to keep guns out of dangerous hands,” said Folmer FoxNews.com. “For example, four States-Connecticut, Indiana, California, and most recently the state of Washington-have laws on the books that make it possible to remove family and law enforcement to petition the courts, someone has weapons, if he is a threat to themselves or other people; these laws also contain specific provisions for the protection of the individual right to a fair trial.”
The new rule is intended to ensure compliance with the 2007 NICS Improvement Amendments Act”, which requires that Federal agencies, the relevant information to the Ministry of justice for inclusion in the background check system, an SSA spokesman Darren Lutz said FoxNews.com.
“This is the reason why Social security planning, the records of the persons concerned relating to the NICS, in accordance with the guidelines described in the regulation,” said Lutz. “Social security is not, you can find the records of all Social Security beneficiaries NICS database.”
In particular, the regulation is valid for everyone 18 years and over the pension age who qualifies for the disability due to “mental impairment” that prevents the person from working, must be a “representative payee” for dealing with your finances, Lutz said.
According to the rule, if the Social security first determines that someone else is dealing with a person’s financial Affairs, it will consider whether the person is mentally impaired. The rule States, “the beginning of the tendering process, we will also notify individuals, both orally and in writing to their possible Federal ban on the possession or receiving of firearms, the consequences of such a prohibition, the criminal sanctions for violation of the Gun Control Act, and the availability of the exemption from the prohibition on receipt or possession of firearms imposed by Federal law.”
This affects “tens of thousands of innocent, law-abiding people,” who will lose a constitutional right without “due process”, according to the National Rifle Association, which also plans to ask the incoming Trump administration to take “corrective action” on the matter.
“At no time in the actual ‘decision’ to be taken into account the individual readiness to use violence,” said an NRA statement was completed in accordance with the rule. “Rather, the question is ultimately whether or not the Person has any type of mental condition and can be responsible with money, it is not a fair basis to strip someone of their constitutional rights.”
In July, Elizabeth Avore, legal director for every town for Gun Safety, expresses its support for the regulation in a letter during the stage of public opinion.
“Every town is applauding the White house for a series of recent Executive actions to improve the gun background check and law enforcement tools to combat gun trafficking,” Avore letter said. Among “these measures, the initiation of this rulemaking process, which aims to bring to the SSA in accordance with the NICS Improvement Amendments Act of 2007 (“the NIAA’), the requirement that Federal agencies submit a ban records in NICS.”