Guns are in the headlines again thanks to the lame duck president. Barack Obama continues to move in on peoples’ freedoms. Apparently, he has decided the elderly deserve a nearly-blanket ban on gun ownership unless they perform like a 40-year old.
In May 2016, the Obama administration published the Social Security gun rule in the Federal Register according to The Hill. It was finalized on Monday and tens of thousands of law-abiding elderly citizens could lose their gun rights because of this rule.
The Social Security Administration pencil pushers get to do to Social Security (SS) recipients what is being done to our veterans by the Veterans’ Administration. They will actually take gun rights away without due process.
Senator Grassley (R-IA) said that 99% of the people the FBI prohibits from owning guns are considered ‘mentally defective’ by the VA bureaucrats. The veterans are targeted for matters as insignificant as having problems managing their personal finances and requiring a fiduciary.
The Obama administration will now do the same to Social Security recipients. Any type of mental disorder, including personality disorders, intellectual disabilities, anxiety-related disorders, substance addiction disorders and autistic disorders, will put people on the list.
It could include a multitude of issues such as “subnormal intelligence or mental illness” to “incompetency,” an unspecified “condition,” or “disease.”
That is a broad and vague list.
In early May 2016 the SSA released more information on the ban in a 41-page preview. Page 19 said:
Under our representative payee policy, unless direct payment is prohibited, we presume that an adult beneficiary is capable of managing or directing the management of benefits. However, if we have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, we will develop the issue of capability. If a beneficiary has a mental impairment, we will develop the capability issue if there is an indication that the beneficiary may lack the ability to reason properly, is disoriented, has seriously impaired judgment, or is unable to communicate with others.
“Disoriented”? How do they define “mental impairment”.
To translate for the government, what they are saying is that once the beneficiary has the SSA’s attention – by having someone help with finances for example – the process of determining mental health status begins, becoming incrementally intrusive. And if a ruling of mental illness sufficient to meet the [bureaucrats] reporting threshold is handed down, then the beneficiary will be reported to NICS and prohibited from purchasing firearms.
The recipients chosen by the bean counters will be added to the National Instant Criminal Background System (NICS) and banned from owning a gun.They will be handled according to the same process used to prevent guns from being sold to felons, drug addicts, immigrants in the country illegally and others.
They won’t have due process and people who are on the list by mistake will be subject to an expensive and paperwork-laden morass to get their gun rights back. They can sue after the fact if they can afford it and have the patience.
Americans who receive Social Security benefits could have to choose between their government benefits and their guns.
Bearing Arms wrote earlier this year that it is “extortion” and it “will deny gun rights to the largest possible segment of Americans possible by executive fiat, with little recourse for those affected.”
What Obama has been doing, and what Hillary would have continued, is to pick off the Second Amendment with vulnerable group after vulnerable group so there will be less resistance, if any.
Senator Grassley said that “It appears that just like the VA, SSA’s regulatory action will not require the government to first prove that the individual is a danger to self or others,” Grassley wrote last July in a letter to Carolyn Colvin, acting commissioner of the Social Security Administration.
“Is the SSA using the VA’s regulatory standard as a template for reporting names to the [FBI]?” he asked. “If not, in what ways is the SSA’s regulatory scheme different from the VA’s?”
George Mason, who co-authored the second amendment, said at the Virginia Ratifying Convention, “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.”