Fairfax, VA -(AmmoLand.com)- On August 5th, U.S. Senator John Cornyn (R-TX) introduced S. 2002, a bill to protect the Second Amendment rights of law-abiding citizens from continued bureaucratic abuse by the Obama Administration.
As we reported on July 18th, Obama’s latest gun grabbing ploy was to forward all individuals receiving Social Security Administration (SSA) benefits through a representative payee to the National Instant Criminal Background Check System (NICS) as “prohibited persons” under federal firearms law. This is estimated to impact over 4 million Americans.
But this approach is nothing new to Obama bureaucrats. In fact, stripping Second Amendment rights by administrative fiat has become Obama’s favored tactic in the face of Congress’ refusal to pass gun control. As we’ve previously reported, the Veterans Administration (VA) was the first to develop an administrative mechanism to forward records to NICS without due process protections in place. The VA is doing so for those veterans who have a fiduciary assigned to their account. This is being done without any adjudication or finding that such veterans pose a danger to the community, but simply because they need help managing their financial affairs.
While Obama may relish the ease by which his pencil-pushers can deprive American citizens of constitutional protections, the NRA has pressed Congress for legislation to end this abuse. Senator Cornyn answered our call by introducing S. 2002, a bill that provides critical protections needed in the face of Obama’s bureaucratic onslaught.
The bill clarifies that an “adjudication” under the Gun Control Act’s (GCA) mental health provisions will require due process protections, including a full hearing in which an individual has notice, the opportunity to participate, and the right to counsel. Moreover, the findings of such a process are clearly specified and focus on adjudications that involve individuals that are a danger to themselves or others.
Importantly, the bill removes the category “lacks the ability to contract or manage affairs” as relevant to the determination of a prohibited person under the GCA. This provision was the hook used by the VA and SSA, and presumably being considered by other federal agencies under Obama’s directive, to sweep broad swaths of the American public into NICS.
For veterans, the bill even provides additional protections. It requires notification to veterans who have been submitted to NICS under the “fiduciary” program and an opportunity to have their individual case reviewed by a board established for this purpose. The standard is exactly where it should be, requiring the new board to find the veteran is actually a danger to themselves or others to justify retaining their record in NICS. In all cases, the board’s decision will be subject to court review.
The bill would also significantly expand avenues of relief from firearm prohibitions for others, including those who have their record expunged, those who are no longer subject to an order for treatment, and those who have been granted relief by a state program. The bill further requires the Attorney General to remove from NICS the record of any person who would not be considered prohibited under the new requirements of the bill.
The states will be encouraged to submit records with a “carrot and stick” approach where the states can maximize grant allocations by forwarding 90% or more of disqualifying mental health records within 18 months of the bill’s passage. Importantly, the bill’s safeguards provide the standards by which records can be transmitted. Only those mental health adjudications which comply with the new due process protections are to be forwarded.
In summary, this bill would protect millions of law-abiding citizens from bureaucratic abuse by the Obama Administration, while ensuring only relevant records that comply with the new due process safeguards are entered into NICS.
About the NRA-ILA
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.
For more information, please visit: www.nra.org. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.
Funny how the NRA and our supposed Pro-Gun /2nd “Representatives” never talk about abolishing the UN Constitutional NFA or that ALL laws repugnant to the Constitution are Null and Void & have no lawful effect – But they sure are happy to tell you to go and get your Corporate Permission Slip to exercise a right – All they seem to want to do is create more Corporate law to control – and the sheeple are happy to comply.
Stop Asking Permission.
“Republican” Senate Leader John Cornyn (R-TX) and his buddies in the Establishment Gun Lobby are plotting to surrender to the Left Wing Media by pushing a major piece of anti-gun legislation. According to major news stories on Fox News, the Wall Street Journal, Newsmax, and Politico, Cornyn is introducing new legislation that strips more Americans of their gun rights, without a trial or due process, under some ill-defined heading of “mental illness.” Dudley Brown. I’ve been an NRA life member for over 35 years, and I am NOT thrilled with this unfair, worthless, unconstitutional mess. More garbage legislation put forth… Read more »
The problem with automatically restricting every SSA recipient (over 4 million) is that it presupposes that all those individuals are suffering from some sort of mental health condition (minor or major). As a former recipient, I can testify that is not the case. Like myself, I suspect millions of those recipients are collecting and have representative payee’s assigned (my mother) due to physical conditions. When I became disabled due to cancer, and started undergoing Chemo & Radiation therapy I found myself unable to manage the day to day complexities of our society. However, after recovery I was able to resume… Read more »
In 8 January 2013, AMA (American Medical Association) supports US. Senate Bill S.150: The Assault Weapons Ban Act of 2013. The US. House of Representatives, then goes into “Over-Drive” by presenting as Bill for the purpose of “Slash” funding of Social Security and Medicare. Which the President receives, and Attaches a Presidential Memorandum (NOT an Executive Order) to the Bill as a “Rider” for S.150 Attached to it. Then in 16 January 2013, gives it back to the US. House of Representatives. Essentially the House CAN’T “Attack one Provision of the Bill, without Endangering the Other”. The President is Testing… Read more »
I still think this type of bill could be written without attaching it to the 2nd Amendment in any way. If it is any good, it should stand on it’s own in the mental health world of medicine. As it is, it is just a gimme on gun control. Shame on the NRA for supporting this, and yes I am a member.