Social Security Opens Comments for Gun Disability Records Expansion

By David Codrea

Francisco_Goya_-_Casa_de_locos
It's a madhouse. A maaadhouse! Without demonstrating Constitutional authority or comprehensive due process protections, bureaucrats at the Social Security Administration want to know what we think about new rules for disarming Americans.
AmmoLand Gun News
AmmoLand Gun News

USA –  -(Ammoland.com)-  “We propose to implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS),” the Social Security Administration explains in a proposed rule appearing in the May 5 issue of The Federal Register. “Under the proposed rule, we would identify, on a prospective basis, individuals who receive Disability Insurance benefits … or Supplemental Security Income (SSI) payments … and also meet certain other criteria…

“We propose to provide pertinent information about these individuals to the Attorney General on not less than a quarterly basis,” SSA elaborates. “As required by the NIAA, at the commencement of the adjudication process we would also notify individuals, both orally and in writing, of their possible Federal prohibition on possessing or receiving firearms, the consequences of such inclusion, the criminal penalties for violating the Gun Control Act, and the availability of relief from the prohibitions imposed by Federal law. Finally, we also propose to establish a program that permits individuals to request relief from the Federal firearms prohibitions based on our adjudication. The proposed rule would allow us to fulfill responsibilities that we have under the NIAA.”

“This document has a comment period that ends in 61 days (07/05/2016),” The Federal Register notes. To do that, it includes a link to Regulations.gov (“Your voice in federal decision-making”).

There are major concerns we should have with a sweeping bureaucratic firearms disability, which no doubt the gun-grabbers will paint as “Gun nuts want to give guns to crazy people.”

Stated accurately, it would be liberty advocates demand that government afford full due process protections to all citizens. The truly crazy contention would be that Americans are presumed guilty until they can prove their innocence. The truth of the matter is that anyone who can’t be trusted with a gun can’t be trusted without a custodian, and basic rights should not be denied without the equivalent protections provided to those accused of the most heinous crimes.

There are still many unanswered questions government would prefer not to answer, let alone have brought up so others may consider them.

Specifically, will decisions rely on those who may have biases of their own, as can currently be the case, with ATF’s “clarifying the term ‘adjudicated as a mental defective’ to mean a determination by a court, board, commission or other lawful authority,” and with some states applying even broader “standards”?

What protections will exist to offset politically-connected anti-gun judges, politically-appointed boards, and “expert” adherents of the American Psychiatric Association’s “Position Statement on Firearm Access, Acts of Violence and the Relationship to Mental Illness and Mental Health Services.” It’s fair to ask, because APA includes in its advocacy platform registration-enabling, background checks, “smart” guns, storage requirements, “gun-free” zones, doctor-patient boundary violations, tax-funded anti-gun “studies,” all outside the scope of the training and credentialing of those making these proposals.

Significantly though, even APA admits:

Only a small proportion of individuals with a mental disorder pose a risk of harm to themselves or others.

Casting a wide net and leaving the shot-calling up to those with subjective political motivations has historical precedence – predominantly in “gun control” havens. Also of interest – or it should be – how will rights be restored when there is no longer a compelling mental health proscription to deny them? What universal appeal mechanism – affordable to all, not just to elites for whom money is no object – will exist to declare a person is once more “eligible” to keep and bear arms?

What guarantees are there that the same biases that colored the disability ruling in the first place won’t reassert themselves in the “parole” process? And have we identified psychiatric evaluators, risk management administrators and insurers who will be willing to subject themselves to malpractice liabilities should a person deemed “fit” be misdiagnosed? Or will the pressure be to “err on the side of caution”?

And don’t forget this would all be a moot point anyway if government restricted itself to only those powers delegated to its branches in the Constitution, and kept from imposing itself in areas where the only clear directive is “shall not be infringed.”

But since that’s not likely to happen, it’s important to work all the details out beforehand, and it’s important that every gun owner realize that they – that you – have a personal stake in this. After all, noting “studies” by “researchers’ from Duke and Harvard attempting to prove a nexus between owning guns and being an “angry, unstable, impulsive” head case, there’s a reason why they call us “gun nuts.”

I urge you to look at the proposed rule and express any concerns you may have, including to your representative, assuming that’s not a waste of time.

David Codrea in his natural habitat.

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

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Captain America5WarVeteranSharpShooterB.ZerkerTEX Recent comment authors
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Captain America
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Captain America

Since when has the constitution gotten in the way of satan and his enablers. The are pure evil!, and incrementally destroying our freedoms to get to their evil communistic goal of total control and delivering us to our enemies. There is only one way to set things right now , desperate times require desperate measures!

5WarVeteran
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5WarVeteran

Tionico, Well said. I suspect Ohio like everywhere else has a major problem of catching criminals followed up by properly prosecuting them. Just like most every where else. When they used “over crowding” as an excuse to let the Pedophile Jared walk free in less than one year of jail, most likely because he is wealthy. I am quite sure many more deserving of the gallows are let to walk free nearly every day to commit even more crimes. Until VICTIM rights are established and until victims have a working process for justice this crap will continue. We become the… Read more »

5WarVeteran
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5WarVeteran

Tex, I agree with your comment about “Yankees” unhappy with their states. I grew up hunting in Pennsylvania and I will never go back. I went into the military in Maryland and I will never go back. I have been to New York and I will NEV ER go back. I have family in New Jersey and I will NEVER go back. I have family in Ohio and I will go see them. There is one more factor that is less than obvious. Those states surround DC like a buffer zone. Their stances are more based on criminal DC leadership… Read more »

5WarVeteran
Guest
5WarVeteran

My submission to the Regulations.gov website Hello, I am a disabled Veteran who WAITED 27 YEARS for on operation on a broken neck, and 19 YEARS for an operation on a broken back, 17 of those years in a wheelchair. Today I am out of that wheel chair after having 4 vertebrae in my cervical spine fused and 3 vertebrae in my lumbar fused. I have been misdiagnosed over a DOZEN times. I was diagnosed in 2002 with ALS and given End OF Life Counseling in 2005. I can only guess that by 2014 BECAUSE I had not died that… Read more »

TEX
Guest
TEX

Flood this website just like we did on green tip ! Flood the hell out of it !

trumped
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trumped

Time to flood the site! Send this article to your friends, share it on facebook, etc.

Lou Paress
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Lou Paress

Deny my rights a American citizen and veteran of this country and the results may not be as you would except . This is a direct infringement on the American peoples constitutional rights . Wars have been started over less .

5WarVeteran
Guest
5WarVeteran

Lou, that is the whole reason why criminal government is trying their damnedest to take away our right to own. It is the sole reason the DHS labeled us as terrorists in 2009. They knew back then that the American Veteran who placed his life on the line for the US Constitution and the Freedom of America (regardless of whether we were repeatedly lied to) is what we fought for. It most certainly was not the “Adventure” and most certainly (for me) it was not the “job”. I come from a long family line of military sacrifice. We fought for… Read more »

5WarVeteran
Guest
5WarVeteran

Well when our Social Security Entitlement that WE PAID INTO became a “benefit” others are receiving that they NEVER paid into that was the first crime levied against those of us who worked and paid for decades. Now Me being a disabled Veteran and a MARKSMAN who enjoys shooting like others enjoy golf. I may be punished without having ever broken any law? WTF? I hear a golfer being proud to hit a ball 350 yards. (that’s cute) Good for him. I have hit the ball “AT” 350 yards and that is what I enjoy. Simply because I cannot traipse… Read more »

TEX
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TEX

@5WarVeteran,you’re spot on my friend. ‘Keep your powder dry and your chin to the wind’ ! Better days are ahead !

HRColey
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HRColey

I clicked on the link to the SSA website and left a politely worded, reasonable objection. I would hope that every gun owner in the country would do the same.

TEX
Guest
TEX

What was the reason you were polite ? I’m not being sarcastic or argumentative by that either,just curious.

italian stallion
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italian stallion

“Our main agenda is to have all guns banned. We must use whatever means possible. It doesn’t matter if you have to distort the facts or even lie. Our task of creating a socialist America can only succeed when those who would resist us have been totally disarmed.” Sara Brady, Chairman, Handgun Cont “This year will go down in history. For the first time, a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead.” (Chancelor’s Speech, 1935 by Adolf Hilter) We all know what the outcome was… Read more »

SharpShooter
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SharpShooter

The Hitler quote has never found a source. As to the Brady one, I doubt she was that forthright with public comments. Please be sure to source quotes. It does us no good to have us looking to be fabricating them.

garl grigsby
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garl grigsby

I think this is beyond any reasonable action. I believe this action is unspeakable. This is my government is trying to become too big and put too many restrictions on my life. Why would you do this to me? You are not protecting me at all. I thought according to the HIPPA regulations my medical records are private and I have control over them. I do not give my consent to any transfer from my medical records to any government entity. If this happens I want to know who specifically authorized this action. I want to sue that person!

Wild Bill
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Wild Bill

GG, you are right, it is beyond reasonable action, but the SSAdmin is part of the Executive branch and controlled by the POTUS. What does Barry Soetoro have to lose by ordering the SSAdmin to institute this rule? What is the check or balance on him?

Jeff Hoser
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Jeff Hoser

Years’ back I often encountered caravans of retirees. I recall many of them had a “designated contact” or someone with limited POA to deal with various governmental red tape and provide a “residency address” . I presume there’s still a lot — perhaps even more – of these gypsy retirees these days. And pushing this sort of government overreach might be akin to sticking your head, ( big one or little one) into a rattlesnake den. Gypsies with caravans running to near or beyond 7 digits probably have the political and legal clout to be quite nasty about seizing their… Read more »

Elmo
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Elmo

If FedGuv thinks it might be dangerous to send armed agents or local police to confiscate firearms from private citizens, imagine what it might be like to seize the vintage gun collection from a pissed off 70 year old widower with nothing left to lose who’s in the early stages of dimenti…..

What was I saying?

Jerry The Geek
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Jerry The Geek

… you were about to say: “”Oh LOOK! A BIRDIE”

Woody W Woodward
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Woody W Woodward

I am not an enemy of my own country. I have grown to understand that “due process” is what a judge says it is, and often that “judge” is an elected or appointed official who has never bothered to read OUR Constitution, much less study it, or understand that it was written with the object of limiting government authority. The same judge doesn’t possess a legal degree and has no legal experience. Many judges and law enforcement officers read the laws of their state and local jurisdictions as they read the Bible. They read just enough to feel good about… Read more »

Trisha
Guest
Trisha

Likely, the penalty for any and all non-compliance will be executed be an algorithm, not JBTs. It’ll be silent, impersonal, sterile. No Judge, no courtroom, no open record. Just a few keystrokes. Now an Agency can enact binding law within the Narrative, free from any Constitutional constraints: and they’ll sleep well, no worries about oversight, prosecution, an involuntaty residence in Leavenworth. I’ve stopped asking myself why. I wish it was easier to get stronger. “I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation, indivisible, with Liberty and… Read more »

Frank Clarke
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Frank Clarke

I always leave out the “indivisible”. I think we’d all be better off NOT forced to live with those who wish to dominate us.

David W. Loeffler
Guest
David W. Loeffler

Depriving Americans of basic rights without trial is not supposed to happen. This is another example of over reach. It needs to be reversed in what has happened with the VA and not started with anything else.

B.Zerker
Guest
B.Zerker

You are correct David. This is a blatant violation of both the Fifth and Fourteenth Amendments which both require that ALL Americans have the “secured right” to their day in court (due process) before their rights to life, liberty and property can be stripped from them. Here’s how we correct this governmental usurpations of OUR rights: Title 18, USC, Sec. 241 states that if two or more people get together and conspire to violate someone’s rights, rights that are guaranteed to “The People” by the U.S. Constitution, that those conspirators are guilty of a federal felony punishable by ten years… Read more »

B.Zerker
Guest
B.Zerker

You are correct David. This is a blatant violation of both the Fifth and Fourteenth Amendments which both require that ALL Americans have the “secured right” to their day in court (due process) before their rights to life, liberty and property can be stripped from them. Here’s how we correct this governmental usurpations of OUR rights: Title 18, USC, Sec. 241 states that if two or more people get together and conspire to violate someone’s rights, rights that are guaranteed to “The People” by the U.S. Constitution, that those conspirators are guilty of a federal felony punishable by ten years… Read more »

Larry Probert
Guest
Larry Probert

War has been declared on the American People from 1933 when Roosevelt took a clause out of a document that differentiated the People form the enemy. In 1933 we were determined to be the enemy! It is fact and easily looked up. The government has been attacking us ever since. The escalation of our eroding rights since the left has been in power is unprecedented. Want my opinion? Come to this 65 year old man and you will be treated as MY enemy with all that that means .