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
Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

Tuesday, May 7, 2024

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

On Tuesday, May 7th, House Bill 1292, the semi-automatic ban, was indefinitely postponed and is officially off the table for this legislative session. 

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Tuesday, May 7, 2024

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Last month, after a barrage of procedural games and inaction by Governor Janet Mills, radical progressive politicians passed LD 2238, "An Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases", ...

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

News  

Monday, July 17, 2023

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

No summary available

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

Minnesota: Senate Vote on Trigger Ban Bill TODAY!

Thursday, May 9, 2024

Minnesota: Senate Vote on Trigger Ban Bill TODAY!

Today, House File 2609, which bans certain firearm triggers, will be voted on by all members of the Senate.

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.