Explore The NRA Universe Of Websites

NRA Supports Senator Cornyn’s Bill to Halt Obama NICS Abuses

Friday, August 7, 2015

NRA Supports Senator Cornyn’s Bill to Halt Obama NICS Abuses

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. 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. 

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. 

 

 

TRENDING NOW
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Friday, September 25, 2026

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Daniel Defense, LLC v. Lowy. The case asks whether firearm manufacturers can be sued ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

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.