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. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

One Big Beautiful Bill Clears Senate, and Heads Back to House

News  

Tuesday, July 1, 2025

One Big Beautiful Bill Clears Senate, and Heads Back to House

Earlier today the U.S. Senate passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, and “any ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

News  

Friday, June 27, 2025

U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

Today, the U.S. Senate was forced to remove the pro-gun language that had been previously included in the Reconciliation Bill currently making its way through the chamber. We explained in a previous article that this language would, ...

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

News  

Monday, June 30, 2025

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

Just over an hour away from the state capitol in Lansing, Michigan – even as lawmakers worked feverishly to pass various gun control measures, including expansion of “gun free” zones – a chilling reminder unfolded of the ...

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

News  

Monday, June 30, 2025

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

The U.S. Senate has cleared a number of procedural hurdles and is preparing to vote on the One Big Beautiful Bill. This vote will likely come within the next day. The One Big Beautiful Bill includes ...

Canada’s Big Ugly Gun Grab: An Update

News  

Monday, June 30, 2025

Canada’s Big Ugly Gun Grab: An Update

Canada’s Liberal government is pressing on with its harebrained gun ban and confiscation program for “assault style weapons,” but, true to form and precedents, it has been far from smooth sailing.

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

News  

Monday, June 23, 2025

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

In a single sentence, the U.S. Court of Appeals for the Fifth Circuit added to the high-profile and consequential national conversation on firearm suppressors.

Argentina President Milei Continues to Make Improvements to Country’s Gun Laws

News  

Monday, June 30, 2025

Argentina President Milei Continues to Make Improvements to Country’s Gun Laws

We’ve reported before about Argentina President Javier Milei expanding access to firearms for law-abiding Argentinians.

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.