Explore The NRA Universe Of Websites

APPEARS IN News

NRA Fact Checks Politifact on Social Security Administration Gun Grab

Wednesday, August 5, 2015

A recent Politifact article attempted to fact check news reports about the Obama Administration’s effort to strip the gun rights of millions of Americans who receive social security and disability benefits who also have a representative payee – someone who handles their finances.

Politifact failed to consult the most relevant source of all for their story, federal law, as a result, they got it wrong.

Politifact’s website identifies the writer as a “Politifact intern.”

 The following Politifact claims are FALSE:

“The new policy would not ban all Social Security Administration (SSA) recipients from owning guns. Rather, it would only affect the small fraction who are deemed mentally incompetent, and who are thus are barred from purchasing guns under the law.”

 “The policy would not take away guns from people who already own them. There is no indication that this policy would take guns away from people who already own guns. Rather, the policy would affect the ability of some mentally incompetent people from buying new guns.”

 The facts:

  • Social Security Administration recipients who have a representative payee have not been deemed “mentally incompetent.” That is not a legal term recognized in federal law as it relates to prohibitions against acquiring or possessing firearms.
  • The federal prohibitions against acquiring or possessing firearms apply to those “adjudicated as a mental defective.” 
  • Under the proposed new policy, individuals who have representative payees would lose the right to possess any guns they might currently own and would be prohibited from purchasing new firearms.
  • The term “adjudication,” refers to a determination made after a judicial-type process that includes various due process protections. In no case does the federal law describe or contemplate the type of prohibition by bureaucratic fiat exercised by the SSA in developing its guidelines for those with “representative payees” assigned to their accounts.
  • The SSA’s representative payee system is not the type of process envisioned by federal firearms statutes.
  • Since 1968, federal law has barred the possession or acquisition of firearms by anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.”[1]
  • The Bureau of Alcohol, Tobacco, Firearms and Explosives has issued regulations that define an “adjudication” as a “determination by a court, board, commission, or other lawful authority that a person is, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs.” This includes a finding of insanity or incompetency in a criminal case.[2]
  •  “Committed to a mental institution” is defined as a “formal commitment of a person to a mental institution by a court, board, or other lawful authority.” The definition makes clear that “[t]he term does not include a person in a mental institution for observation or a voluntary admission.”  The Supreme Court has held that an involuntary commitment is a serious deprivation of liberty that requires due process of law under the Fifth Amendment to the U.S. Constitution.[3]
  • Common reasons SSA beneficiaries request a representative payee include:

 Individual lives far from banks and grocery stores and may wish to have a family member or friend make bank deposits and grocery purchases for them;

 individual may not own a car and needs help with banking and shopping;

 individual may simply want help paying bills, or

 individual may not be good at balancing their checkbook.

 

 [1] 18 U.S.C. §§ 922(d)(4), (g)(4).

[2] 27 CFR § 478.11.

[3] Addington v. Texas, 441 U.S. 418 (1979).


Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

TRENDING NOW
Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

Monday, June 15, 2026

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

The National Rifle Association, Michigan Coalition for Responsible Gun Owners, Michigan Gun Owners, Michigan Open Carry, and four NRA members filed a lawsuit challenging Michigan’s firearm license-to-purchase and registration regime.

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Thursday, June 18, 2026

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Yesterday, after immense pressure from sportsmen and women across the state, the provisions regarding Sunday hunting, crossbow hunting, and archery setbacks that were stripped from the House budget were added back to a bond bill. 

Up Next for DOJ’s Second Amendment Section: Philadelphia

News  

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

California: Anti-Gun Bills Advance, More Scheduled Next Week

Wednesday, June 17, 2026

California: Anti-Gun Bills Advance, More Scheduled Next Week

Anti-gun legislation continues advancing in Sacramento. This week, the Senate Public Safety Committee advanced Assembly Bills 1743 and 1753, while postponing consideration of AB 1810, the FFL Killer Bill, until June 23. On that same ...

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.