It has been the law now for some time that the federal government can bar individuals who are mentally ill from purchasing firearms. What role does the Social Security Administration (SSA) now have to play in this regulation?
The federal government issued details of a gun control push last January announcing, among other things, that the SSA “has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.” This could also include individuals who can’t manage their benefits for whatever reason and who have been appointed a designated payee, i.e. seniors.
Once this rulemaking process is completed and implemented, those found to be ineligible to own a gun due to mental health concerns will be reported to the National Instant Criminal Background Check System (NICS), who then will add them to its prohibited list. No due process needed, no Congressional act required.
This memo produced by the SSA goes into much greater detail on the proposed process itself.
Last May, the SSA completed the rulemaking process and opened up its plan for a 60-day public comment period, the first step in its ultimate implementation. That time is about up.
Of course, those who are ultimately affected by the edict may appeal it — after they have been added to the list and had their right to bear arms stripped however arbitrarily, for better or worse.
If you or your child have been denied SSA disability benefits or suffer from a severe impairment that is expected to last more than twelve months and that prevents you from doing any of your past or other work or is causing developmental delay in your child, please contact our office nearest to you to set up a free consultation appointment to discuss your situation.
James Ezzell is an attorney at the Bond & Botes Law Offices in Huntsville, Alabama. He holds a Bachelor of Science from the University of Alabama, and a Juris Doctorate from the Mississippi College School of Law. James prides himself in working and winning SSA Disability cases for people truly in need of his help. Read his full bio here.