Social Security Admin Releases New Rule, 75,000 Beneficiaries May Lose Gun Rights

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President Obama. Laughing. (Photo: UPI/Olivier Douliery/Pool)

President Obama. Laughing. (Photo: UPI/Olivier Douliery/Pool)

The Social Security Administration has released the details of their long-awaited new rule that could strip 75,000 beneficiaries of their gun rights every year.

The NRA-ILA published a brief analysis of the 41-page document, which outlines five criteria the SSA will use to determine whether or not they will report a beneficiary to the Department of Justice.

  1. An individual files a claim based on a disability.
  2. The individual is adjudicated as having a disorder listed on the Mental Disorders Listing of Impairments.
  3. There is a corresponding primary diagnosis code in Social Security’s records based on that mental impairment.
  4. The individual is an adult over 18 but under retirement age.
  5. The individual receives their benefits through a representative payee approved by the agency due to being incapable of managing their own payments.

If these five criteria are met, the SSA will report the beneficiary to the DOJ, which will list the individual as a “prohibited person” in the National Instant Criminal Background Check System.

The good news is that these measures are not as drastic as was initially feared.

Beneficiaries will be notified during the adjudication process that they may lose their gun rights depending on the outcome (step #2). If an individual believes they do not deserve to have their constitutional rights revoked, they will have an opportunity to submit written statements, mental health records, and criminal records so their case can be reviewed.

If they are still denied their gun rights, they will be able to appeal their denial to the local U.S. District Court.

As the NRA notes in their analysis, however, the rules still raise “substantial cause for concern” because “at no point in the actual ‘adjudication’ is the individual’s propensity for violence a necessary consideration.”

“Financial acumen,” the NRA continues, “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.”

Furthermore, while an individual can appeal his or her denial, the NRA points out that the “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.”

While the SSA rules are not as draconian as was previously imagined, they still strip American citizens of their constitutional rights for unreasonable cause and without due process.

There is a 60-day comment period, during which time the American people can submit their thoughts on the new rules. Comments may be made one of three ways:

  1. The online Federal eRulemaking portal (use the “Search” function to find docket number SSA–2016–0011);
  2. By fax to (410) 966-2830;
  3. By mail to NICS Comments, Social Security Administration, 3100 West High Rise Building, 6401 Security Boulevard, Baltimore, Maryland 21235–640.

 

{ 26 comments… add one }
  • Michael Mullen December 30, 2016, 10:13 am

    It”s time for our Congressmen and Senators to enact a law preventing civil servants from writing new rules that become laws at their whim. By Constitution, all laws are to be made by the joint houses of Congress not civil servants. Also, there should be a time limit of activity for each and every Executive Order, to allow review and approval by Congress. Hey Senators and Congressmen, get off you butts and do your jobs.

  • Michael Mullen December 30, 2016, 10:12 am

    It”s time for our Congressmen and Senators to enact a law preventing civil servants from writing new rules that become laws at their whim. By Constitution, all laws are to be made by the joint houses of Congress not civil servants. Also, there should be a time limit of activity for each and every Executive Order, to allow review and approval by Congress. Hey Senators and Congressmen, get off you butts and do your jobs.

  • james m haddix May 10, 2016, 12:55 am

    I don’t agree with this at all a person has the right to defend there self at all cost am a person that gets SSDI.payments. every month due to phy problems not capable of fighting off a person that is trying to due harm to me I will shoot to kill .someone breaks in my home with me there the police will be to late getting to my safety and by the time they get to my home I might be dead so don’t tell me that I cant defend myself because of some drug addict robbing me at a A.T.M getting my money for his drugs ect my only means of protecting my self is a firearm only in a have to case and I hope I never have to use a firearm on no one I have a family with kids and I will defend them as well am not a criminal and am not a mental defect in no way I beleave in that 2 amendment

  • james m haddix May 10, 2016, 12:46 am

    I don’t agree with this at all a person has the right to defend there self at all cost am a person that gets SSDI.payments. every month due to phy problems not capable of fighting off a person that is trying to due harm to me I will shoot to kill .someone breaks in my home with me there the police will be to late getting to my safety and by the time they get to my home I might be dead so don’t tell me that I cant defend myself because of some drug addict robbing me at a A.T.M getting my money for his drugs ect my only means of protecting my self is a firearm only in a have to case and I hope I never have to use a firearm on no one I have a family with kids and I will defend them as well am not a criminal and am not a mental defect in no way I beleave in that 2 amendment

  • Reelman1 May 6, 2016, 4:40 pm

    Oh yeah, I am going to comment and put a target on my back.
    Another reason to quit supporting NRA with money, so they can ask me for more money, sometimes 2-3 times a week.
    Old snuck up on me, I am through, fought my battles now it’s someone else’s turn

    • Larry December 30, 2016, 2:15 pm

      The Fight for Truth and Justice Never Ends. No matter how Old they become.

  • Chief May 6, 2016, 2:37 pm

    I would ask that perhaps one of the GunsAmerica lawyers take a look at the document and see if it is far more reaching than the NRA states and publish the results here if that be the case . We cannot allow the left an inch on our rights or the rights of those unjustly accused .

    • deanbob May 6, 2016, 3:52 pm

      And to say nothing of the espense to retain and pay for attorney’s fees, while at the same time paying to be prosecuted (via the taxes that support the DOJ)! Hideous.

  • Dusty May 6, 2016, 1:57 pm

    Searching by the listed rule gives no results.

  • BeSharp May 6, 2016, 10:56 am

    The Nazis did this in the 30’s to Jews, just because they were Jews. The Russians did this in the Baltics, just because they weren’t ethnic Russians. The Socialist in this country are doing the same thing here. It’s unfortunate that there are a lot of people who actually believe that the government is doing right by us. But then, that’s how this mess came about to begin with. Too many people with blinders on, voting for idiots with their own self interest first (socialist).

  • Jay May 6, 2016, 9:17 am

    Since the Patriot Act and the other changes to it, we no longer have the writ of Habeas corpus to fall on. We need to question each and every law that diminishes our rights in anyway for anyone. The out come when it comes to the government and their over reach is never what we expect it to be!

  • buh May 6, 2016, 8:32 am

    3 weeks after renewing my ccw permit, I got a letter from disability that says the gov. has decided I’m no longer disabled and will cutoff my ssi disability in 60 days. I have carried safely for over 30 years now and know this isn’t anything but another way of taking our rights away! it has nothing to do with the reasons they give to make us think these are people incapable of carrying responsibly, and now I am forced to hire a lawyer to fight a decision made by gov who had no information on my condition.
    I guess i should change my name to juan and claim to be an illegal from mexico, then i could get twice the gov. benefits I’m getting now.

    • BJG May 7, 2016, 5:53 pm

      The Government needs your money to support Islamic invaders they insect on sending to our Country.

  • Mark May 6, 2016, 2:41 am

    There are 5 criteria that MUST be met.
    The last one is this:
    The individual receives their benefits through a representative payee approved by the agency due to being incapable of managing their own payments.
    ** if someone is incapable of managing their own affairs, do you really think that they can manage a gun? Sheesh.

    • Gary May 6, 2016, 8:35 am

      I agree. Someone with a mental deficiency significant enough to receive SSI benefits should not be allowed to buy a gun. Its the same as giving a child matches and gasoline and telling them to “go have fun”.

    • buh May 6, 2016, 8:38 am

      that’s what they want you to believe. but it is not true. they are simply using it as an excuse.
      and there are more reason than they are giving us. i don’t fit any of these reasons, so they simply say i am no longer disabled, but my doctors know my condition hasn’t changed.

    • Jim May 6, 2016, 10:18 pm

      My Mom reached a point in her life where financial issues become confusing for her, she had no other problems but as she became older she just wasn’t able to critically make smart financial decisions. So I took care of all her finances, does that mean she loses some of her Constitutional rights?

    • Zan May 6, 2016, 11:13 pm

      My grandmother is 90 years old. She has moderate but advancing dementia. She isn’t capable of managing her finances. Three days out of the week she doesn’t know who I am and I must explain to her how we are related. Imagine she owned a firearm and thought me an intruder on one of those days.

      • Nott May 11, 2016, 10:24 am

        Man Zan, you are a fucking idiot. A complete asshole, you pretend to be smart and read a lot but its very easy to see you have not real ideas of your own and not a lot of true life experience. If you grandmother is real and your story is real then it is your responsibility to remove the dangers from her life and make her safe or better yet, the parents I am sure you have. The problem is this does apply to your grandmother but it includes folks are don’t have dementia and other defects that make them a danger to themselves and others. Get a fucking clue you moron. All of these would have applied to my grandfather who before he passed was in his right mind and still active. In my 35 years on this planet he has used his weapon to protect his family and property 3 times, more than that according to my uncle and mother. Those are just times I can account for. We live in the country and shit still comes looking. Last year an 80 plus year old woman had two home invasion in the same day. Plus LEO’s they were not introduced to protect us, there is only 1 LEO for like every 10k people how can you expect a cop to protect us. Your a moron and the sooner someone takes you out of the gene pool the better. If you have the mindset of a doormat you will always be a doormat.

  • Daysend May 5, 2016, 2:51 pm

    When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation

  • SuperG May 3, 2016, 11:51 am

    Having an eating disorder doesn’t make you mentally incompetent to won a gun. this is just crazy. But like I said before, they’ll never walk up and take your gun, they’ll just increase what offenses cause you to lose them. Soon, even jaywalking will demonstrate your total lack of respect for authority and laws, and will cause you to lose your gun rights.

    • Dan Barnes May 6, 2016, 5:55 am

      I’m pretty sure I detest Obama as much as anyone here but, in fairness, very few people with just an eating disorder will be receiving SSI disability income at all. Out of those, only some will have it as the primary reason they’re on SSI, and even fewer will be receiving their SSI through a representative payee because they’ve been judged incompetent to handle their own affairs.

      • John Hoglin May 23, 2016, 4:31 pm

        Dan, I am not so sure, if by expanding the GOV by giving phony disability ratings, and then disarming those people. The progs will have been able achieve a great new voting block. Last time I checked food stamp and disability recipient numbers have surged under this administration. Next will be banning food stamp recipients because lead is a health hazard.

  • Will Drider May 2, 2016, 11:13 pm

    Too skinny? A bit of binge and purge? Maybe your to fat: eating disorders, loose your gun Rights.
    “when the mental disorder results in physical dysfunction. (See, for instance, 12.00D12 regarding the evaluation of anorexia nervosa and other eating disorders.)”

    In the criteria types there is a A and B, but if they can’t seal the deal with B thay added C (your ability to do basic work). They add physical limitations to justify a “mental restriction”. They will do everything they can to get a check in the mental defective Block!
    This is one hell of a wide net the SSA/Gov is tossing, if they catch one little fish of a flaw in the perfect specimen: YOUR DONE. Not just you No firwarms in your household!
    I could tear into this POD doc all day long but all of you need to read it. You will get old someday and that is all it takes.
    I can’t believe the NRA only has issue with the “process” and not the criteria. Didn’t they understand WTF they read?

  • DRAINO May 2, 2016, 7:44 pm

    Little by little……not big grabs of power but a little at a time. Sneaky turds!! Make sure you leave your comments at the designated place folks. Don’t give up without a fight…or atleast leaving a few chosen words…..or expletives….lol.

    • John Hoglin May 23, 2016, 4:35 pm

      Amen brother, How do eat a Elephant? one bite at a time.

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