Obama Administration Looks to Deny Firearm Purchases through Social Security

post at U.S. Law Shield warns that the Obama administration’s new gun-control measures would strip some Social Security recipients of their Second Amendment rights. A new proposed regulation would use information from the Social Security Administration to determine whether an individual will be allowed to buy a gun!

“Under the proposed regulation, the Social Security Administration would identify any individuals who were ‘adjudicated as mentally defective,’ for the purposes of the 4473 Firearm Purchasing Form,” says Law Shield Independent Program Attorney Michele Byington, who’s also a partner in the Houston law firm Walker & Byington. “The problem is this term is incredibly broad; while it includes people who have been found in a courtroom to be mentally incompetent or committed to a mental health institution against their will, it also includes anyone ‘unable to manage one’s own affairs.’”

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Michele Byington, Law Shield Independent Program Attorney

There is no exact definition for “unable to manage one’s own affairs.” One of the departments that already also uses this definition, the Department of Veterans Affairs, interprets the phrase to mean anyone who has been declared incompetent to manage pension or disability payments and assigned a fiduciary. Currently, 4.2 million recipients of Social Security have their payments managed by someone else and could be affected by this new regulation.

Byington said, “If anyone receives Social Security payments on your behalf, you could be banned from buying a gun!”

Information about these potentially millions of people would be provided to the Justice Department four times a year and would be included in the F.B.I.’s NICS background check system. If a person comes up on the background check system as having a mental impairment or as being unable to manage their own affairs, they will not be allowed to exercise their Second Amendment right to purchase a firearm.

The Obama administration’s justification of this proposed regulation is that it will “plug holes” in the background check system with the goal of preventing mentally unfit individuals from obtaining firearms. However, the way the regulation is currently worded could unfairly affect millions of Americans, Byington said.

This proposed regulation could discourage senior citizens from applying for financial management help for fear of losing their Second Amendment rights. It could also unfairly take away rights from those more than capable of safely and responsibly possessing a firearm who have opted to receive their Social Security payments through a representative. Luckily, Congressman Sam Johnson has sponsored a bill that would prevent the agency from placing people who need financial help into the gun background check system.

Do you think this law is the best way to keep firearms in the hands of responsible owners or is it government overreach that will do more harm than good?

33 thoughts on “Obama Administration Looks to Deny Firearm Purchases through Social Security”

  1. So as a combat wounded, bilateral amputee with documented TBI AND a wife who is my daily caregiver….am I unqualified? This whole thing is ridiculous.

  2. I’m not sure how this might impact those of us who currently receive a pension and social security benefits. Having said that, if it’s based on the fact that recipients of a pension and social security benefits are being redirected to a second party, wouldn’t that party act as a financial gateway that would be better suited to decide whether their beneficiary could own a firearm?

    I own two 22cal. rifles and am thinking of purchasing a handgun. I make my own decisions on making such a purchase.


  4. A more practical question would be, exactly how many senior citizens each year commit felonies with a firearm. I bet the answer is petty damn low to practically non-existent. They are creating a solution for a problem that does not exist. Social Security Disability recipients, on the other hand, are disabled across the board and would need to have a closer look taken at them.

    1. The only ones I recall are those who due to their spouse or themselves have a terminal illness and live within Sun City, a retirement town in Arizona. I also seem to remember a issue between home owners in said retirement community. There was a recent double homicide in a retirement community that was perpetrated by former gardeners of the community who targeted the elder lady living alone who just happened to have a friend visiting that day. Talk about being in the wrong place at the wrong time…

    2. The overwhelming majority of Social Security Disability recipients, receive those benefits for physical disability NOT mental disability.
      Would you not want those with physical disabilities the right to purchase firearms?

    3. Social Security Disability recipients ???? Let me ask you one thing how much time did you serve in the military ???? and what does owning a gun have to do with Social Security Disability ? Some of us did not have a choice in the matter of having to go on disability !!

    4. It sounds like you are condoning this legislation just because I’m on SSI Disability, and I go hunting and fishing @ every chance and love to re-load and target shoot in a very safe and restricted manner.

  5. Does a 19 Trillion Dollar Debt qualify as being unable to manage ones own affairs? The buck stops in the Oval Office

  6. Instead of enforcing laws that are already on the books, fighting inner city drug trafficking that this administration call victimless , enforcing immigration laws at the very least involving convicted violent felons our Racist in Chief will go after wounded verterans and police and fire retirees who have filed for SSI benefits. Its not the guns he hates . Its the independence they provide. Think before you file for these benefits

  7. Any hole they can find they head right to it like water going to the lowest point the path of least resistance.If something is not done soon no one will be able to buy a gun. It will continue on an on until they cover any kind of loophole that might be left. Are we not sick of this? We have been going through this our whole lives.if we don’t stop it, it will never stop. They intend to rule this free land by disarming the whole country. Social Security is just part of a much bigger plan. GOD be with the American People.

  8. Get out an vote……if you don’t, it’s on you.
    A change is needed, it’s been a while since we had a friend in Washington.

    1. Hank,
      That is a good thought, BUT the PROVEN voter fraud (that nothing was done about) has to be nipped in the bud before a “honest and fair” election can be done.
      Dead people, multiple votes, illegal aliens, FELONS, and Soros, company “hacked” voting machines need to be scrutinized.
      The original “hacker” was caught and prosecuted, (didn’t change anything) BUT I’ll bet a “new” one is waiting in the wings for this election.

  9. The current administration keeps chipping away at our liberties and will keep doing so until they have taken them all if a stop is not put them soon.

  10. Good grief, what is wrong with Osama and his idiot advisory staff ???? Obviously they are scared to try and take the guns away from the punk thugs in Chicago….OH wait guns are against the law there…..Keep votin lib-dem and see what happens

  11. Imagine- taking the vague notion of “unable to conduct own affairs” and use it to disqualify ANYONE who had a professional Tax Preparation service do their taxes!

  12. Oboma should stop trying to take law abiding citizens gun rights away and giving them to convicts that will use them to kill us!It’s time we really took a stand and fight for what is ours.He is not and never will be King Oboma!

  13. Obama should stop trying to take law abiding citizens gun rights away and giving them to convicts that will use them to kill us!It’s time we really took a stand and fight for what is ours.He is not and never will be King Obama!

  14. This smoke had to come out of Texas. By the same folks that “won’t that black president in Washington tell us who can use our bathrooms”

  15. get rid of the socialistic dictator [s].. get out an V O T E ……
    my 2Cts

    “Humans who thinks they can be happy and prosperous by letting the Government take care of us the people; should take a good look at the American Indian.”

  16. Obama, Hillary and their ilk, as usual ignore the facts and the present laws on the books. There are plenty of laws dealing with weapons being in the hands of CRIMINALS, and plenty of ways to deal with that, like better equipment and training for our beleaguered law enforcement officers, and by GOD start killing people that kill our innocent citizens. Reinstate the Death Penalty, there is a purpose for that, its to make sure that those who believe themselves above the law, cannot continually repeat their crimes. We are up to our elbows with cretins like these that are a waste of human flesh. WAKE UP AMERICA!!!! Look around you and find a public servant willing to follow through with the solution to this problem!!!
    100% Disabled Vietnam Veteran
    Freedom is NOT Free
    Death to ISIS and all who would rob us of our freedoms

  17. My wife and I had to become our sons guardians because he has severe educational learning disabilities as in school work I’ve fought him invaluable life lessons he works hard for us can do most all life skills that don’t involve reading he cooks cleans yard work hell I’ve had him in the outdoors since age 4 he can shoot fish split wood like a Canadian personal hygiene even attends us if we have been injured but once we legally became his guardians at age 18 no ownership of firearms was one of his and our rules doesn’t mean as a combat Marine I don’t own enough weapons for a small rifle company so handling and shooting firearms well they specified ownership and my gun club well he’s an honorary mascot no card no dues no record on file but does he attend and shoot when we go without a word said u bet the wars of this world were won by men who never read or wrote even could say had a few disorders he got his from me recieveing over 180 experimental untested unapproved vaccines while serving in a Marine Special Operations Command visiting Countries I can’t even find on a globe I know not very many as mannered compassionate responsible loving respectful or has as much common sense but I’ve never raised him any different he had his own gun at 6 a 22/410 combo but at 18 the government says no firearms ownership when he’s more responsible with one than anyone his age or older can handle shoot clean load unload knows safety I’m a nut on safety as a grunt it was forced on me but as a child I grew up that way naturally at twelve I wasn’t playing with cap guns or pellet or airsort pistols it was .357 magium .45 colts I repaired my Remington 1100 at 10 firearms were not thought of as dangerous weapons to kill humans unless killing was needed they was part of everyday life there’s that hawk been eating the chickens wild dog food and protection but fun in display of ones ability gatherings always meant gunfire never have I or any family ever had a weapons safety violation or near miss except from others in combat I had many near death experiences but it was like a big reunion were a feud broke out and bullet tag was on lol I got lucky never got tagged but there should not be a blanket clause to prevent gun ownership my son will enjoy firearms as long as my family blood flows and to stop me from owning weapons blood is what will flow unless I go postal loose my rights naw watching society destroy itself is amusing enough I think Liberism is the most dangerous mental disorder out there they destroy not with guns well they don’t personally but with votes and laws and well I’m done arguing with liberals is like playing chess with pigeons they knock all the pieces over shit all over everything then strut around spouting total absurd nonsense arrogantly like they really won anyway God Bless America our Military abroad and home anyone out there deserving and Ronald Reagan wherever you are great sir Amen that’ll piss em off and Jesus and an American Veteran are the only two beings that was ever willing to die for you if you love Jesus show some for our veterans I’m lucky my cheese slid off my cracker is why I became a Marine a lot of these boys can’t deal with what’s out there good and evil ok

  18. Instead of going after those of use that are of legal age to purchase handguns, how about closing the loop hole that ALLOWS minors to have handguns. I’m talking about people under the age of 21, and having numerous family members purchasing these handguns for them.

    1. MY son, got HIS pistol permit in (of all places) N.Y. State at 18 years old after going in front of a Judge for 1 hour. He had SEVERAL people backing him including Law enforcement and some of his Teachers. I was told that this was the FIRST time this had ever happened in OUR county. THIS, my friends is how you CAN keep your children on the straight and narrow by teaching them RESPECT and actually being a PARENT! He is now 40 years old and is still a crack shot and is now teaching HIS son and Daughter about firearms and the SAFE handling of .

  19. Another order put out by Dictator Obumer. I know a few old farts who may buck him on this one.

  20. Hillary would be even worse than Obama, if that is even possible. Trump was not my first choice, or even my third but I will vote for him. He has already released a list of strict conservatives that would be his choice for the Supreme Court vacancy. That’s enough for me. Hillary is a complete disaster and a crook.

    1. TRUMP, has been endorsed by the NRA, which is going to P.O. a LOT of Liberal scumbags that will make me happy as hell.
      It seems like little, by little the Republican Party is finally starting to get behind him, even though a lot of the “elites” are still making noise. They are SO worried their “golden goose” is going to be cooked and all that money and power will slowly be taken away like it should be, and back in the hands of who it belongs to.

    1. As we ALL have seen in the past almost 8 years of this Piece of crap so-called “president”. The Constitution is just an old crumpled piece of parchment that he doesn’t have any “need” to follow. Don’t forget he has his “pen and phone” and to hell with those pesky laws and that pesky Constitution that he swore to uphold and of course LIED. (but being Muslime, he can do that, because it is HIS religion.)

  21. Its time for the real americans to take back this great country ! The clowns have had it way too long !!!!!!!!
    A proud Vietnam Vet !

    1. If we can stop the HACKERS, dead people, illegal aliens, and multiple voters, we just may have a chance to get our Country back on track. Mandatory Voter ID would be a good start, but the SCUMOCRATS, along with oscumbags AG are fighting tooth and nail to stop this, be cause it would supposedly “disenfranchise” the “minority” voters. The way I see it, if they are too DUMB to go to the DMV for an ID they don’t deserve to vote.

  22. Over the last 40+ years I have read the 2nd Amendment thousands of time…many thousand times! I have yet to read that part where it say..”Except For”

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