WASHINGTON – The U.S. Senate today approved a measure to roll back an Obama-era regulation that would jeopardize the opportunity for thousands of people with mental disorders from purchasing a gun.
The bipartisan resolution of disapproval, authored by Senate Judiciary Committee Chairman Chuck Grassley, passed in the Senate by a vote of 57-43. The resolution of disapproval has 32 bipartisan Senate cosponsors and is supported by more than 20 disability and civil rights organizations.
“Our constitutional rights are among our most sacred rights. Whenever the federal government tries to regulate those rights, it had better have a darn good reason – one backed up by law and narrowly focused to prevent needless infringement. Social Security’s regulation plainly misses the mark. Under the regulation, the agency is not required to adequately prove that individuals meet the established legal definition of ‘mental defective’ or even provide due process before revoking their Second Amendment rights.
“Social Security’s flawed regulation risks erroneously adding tens of thousands of names to the federal gun ban list each year. It also unfairly stigmatizes people with disabilities, by implying that people with certain disorders are dangerous, without any actual evidence for such a claim. It’s no wonder that this regulation is opposed by more than 20 disability and civil rights groups from across the political spectrum. Today’s vote brings us one step closer to reversing this misguided regulation and reaffirming our commitment to guarding the constitutional rights of all Americans,” Grassley said.
The regulation requires that the Social Security Administration submit names of beneficiaries to the National Instant Criminal Background Check System’s (NICS) “mental defective” list if they require assistance managing their disability benefits and have certain disorders. However, the regulation is overly broad and fails to require the agency to adequately prove that individuals fall within the established definition of “mental defective” before submitting their names to the NICS. In particular, the regulation does not require the agency to determine individuals to be dangerous or mentally ill before reporting them to the gun ban list. In addition, the regulation also deprives individuals of a hearing prior to revoking their Second Amendment rights and shifts a higher burden of proof onto the individuals to demonstrate that they are not dangerous.
More than 20 disability and civil rights groups are in support of the resolution of disapproval. Supporters include:
American Association of People with Disabilities
Arc of the United States
Autistic Self Advocacy Network
Bazelon Center for Mental Health
Consortium for Citizens with Disabilities
Disability Law Center
National Association for Rights Protection and Advocacy
National Coalition for Mental Health Recovery
National Council on Disability
National Council on Independent Living
National Disability Rights Network
National Rifle Association
New York Association of Psychiatric Rehabilitation Services
ADAPT
Association of Mature American Citizens
National Association of County Behavioral Health and Developmental Disability Directors & National Association for Rural Mental Health
American Civil Liberties Union
National Disability Leadership Alliance
National Association for Gun Rights
Miss leading headline, be the alternative to the Globe!
Anyone cares to know this was put in place by the previous administration in the last month’s, snuck into SSA rules to avoid publicity and voting.
Example of how this could work…Dad and Mom were married 45years, Mom took care of the money but she died 2years ago, Dad has no money management skills but otherwise completely fine, appoints his Daughter to take care of his money. SSA adds him to list because being financially irresponsible is a mental defect in their opinions. Now Dad cannot buy firearms and loses his carry permit if he possesses one. Understand? Another backdoor Government gun control scheme
No way Bama and Chuck were ever on the same page. BS
Who is “Miss Leading”?
Is she in the Trump administration?
Oh, you mean misleading.
And your example is completely bogus.
“Dad has no money management skills but otherwise completely fine”
The rule stated:
“if they require assistance managing their disability benefits AND HAVE CERTAIN DISORDERS”
Miss Leading aka Kellyanne Conway aka Hoochie Mama
Cut state funding for mental health, then give them guns. I see this going well.
I have news for you Dumb Ass. I have several firearms and have been shooting since I was 9 years old. If you would like a demonstration come by and give me a reason. Of course a troll coward like you would never do that. All you can do is shoot off your big mouth you chickenshit.
….ummmmm! Not really sure what the SS administration has to do with deciding if someone is mentally fit…as far as owning a firearm???
Well hallelujah…for the first time in perhaps ever…I approve of Senator Grassley. And before you all go ape-bonkers on this, you need to understand the issue first. Psychiatrists are terribly tyrannical and enjoy immense discretion at the expense of due process. Criminal defendants get hefty protections under our Bill of Rights, but persons adjudicated as mentally ill or mentally defective get virtually none. This evens the playing field and forces those assholes to actually prove a person has the illness someone says they have. I’m in 100% support of this bill. Perhaps the only one Trump signs…but this is a huge win for human rights.
Your DSM 5 dx is showing.
Interesting how when it comes to purchasing a gun, Republicans don’t like it when a “vast and diverse” group of people are unfairly categorized – in this case people with mental disabilities. But they have absolutely no problem unfairly categorizing Muslims or Mexicans, both equally “vast and diverse” groups
Relax Quinn, this means you can finally get a firearm.
And who is Quinn?
Dr. Quinn Medicine woman. She is still camped out at the Pipeline giving aid and comfort to the indians. Soul sister of Pocahontas.
The Liberals will be pissed because they will think they can have guns. But they can’t. Felons are not allowed to own firearms.
Why do you have to be an asshole about everything? Are you this much of an asshole in real life or just when you are Anonymous on line?
If you don’t like it, don’t read. or go back to running your street business.
I was just wondering what make you such an asshole? Was it your upbringing? Something that happened to you in life? Or were you just born an asshole?
Oh he was born an asshole and will die an asshole.
Not to mention that he is one ignorant & stupid old geezer.
I’m sure that LVS will delete this comment just as he has deleted others because in addition to being an asshole, ignorant and stupid, he is also a coward.
He likes to call other people names & insult them, but when someone calls him out, the yellow streak down his back shows and he can’t handle it.
So he kisses the site owners ass, keeps other peoples comments deleted but his comments remain.
So I see you deleted my comment, I guess you are not only an asshole but you are a coward too.
Well now Susan (not that it is your real name is it TROLL) You were deleted because the TROLL who I think is really you posted under your name and I will delete every comment the asshole makes about me. So if you want to Bitch (name fits) bitch at the TROLL. Otherwise, keep your fat ass mouth off me.
Hey Knee-pad Larry you stupid old coot, you’re still a pussy.
What an old brown-nose little weasel you are Snyder.
Alligator mouth, canary brain and no balls.
LVS, you are without a doubt, the most moronic horses-ass around these parts.
A clueless, cowardly, ass-kissing, old dickhead.
If we are all lucky, your name will be in the obits very soon.
There is already a very, very long line of people that are just waiting to shit on your grave.
This is a good bill but I am afraid the headlines will mislead the public and work them into a frenzy.
I agree with you and thought the same thing. I think there could have been a better way to headline the story.
So Carly you prefer terms that are more palpable?
So you are into a language choice of “political correctness” vs Mentally Ill,eh ?
How about:
Let’s let the Neurodiverse have guns.
Let’s let the those with Diminished responsibility have guns.
Let’s let the those with an Intellectual disability have guns.
There, now it makes sense to let them have guns.
(sarcasm off)