Congressman Doug LaMalfa (R-Richvale) issued the following statement after the House passed H.J. Res. 40, Providing for Congressional disapproval of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act.
LaMalfa said: “Implemented in the last months of the Obama Presidency, this rule takes away an individual’s Second Amendment rights without any hint of due process. Under this rule, many gun owners would be automatically placed on a list that prohibits them from owning or purchasing guns without even allowing them to defend themselves simply for needing help managing their finances. That is nonsense. A law-abiding citizen should not have to jump through hoops to restore and keep their access to basic constitutional rights. I was happy to support this resolution and we will continue to target and repeal misguided and harmful regulations such as this one.”
In December of 2016, the Social Security Administration (SSA) published a rule that finalizes the criteria for sending the names of certain beneficiaries to the National Instant Criminal Background Check System (NICS). An individual’s name can be sent to the NICS if they receive disability insurance based on having a mental condition, are between the age 18 and the age of full retirement, and if the SSA determines that the individual needs a representative payee to manage their benefits. Once an individual’s name is added to the NICS list, there is no adequate due process for these individuals to have their name removed. This Joint Resolution will repeal this rule, and prevent a serious breach of Second Amendment and due process rights.