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New Social Security Law limiting firearm possesion #6615568 01/04/17 12:40 PM
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billybob Offline OP
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On December 19, the Social Security Administration (SSA) issued the final version of a rule that will classify unknown numbers of law-abiding, vulnerable disability insurance and Supplemental Security Income (SSI) recipients as “mental defectives,” and strip their Second Amendment rights in the process.

The Social Security rule is the final version of a proposal that we reported on earlier this year. The final rule is set to take effect on January 18, 2017.

“The administration acknowledges that the rule offers no due process on the question of losing Second Amendment rights,” said Texas Law Shield Independent Program Attorney Michele Byington of the Walker & Byington law firm in Houston. “If you, your parents, or your grandparents are affected by this rule, they have no ability to defend their suitability to possess firearms before an actual loss of rights takes place.”

In the description of the final rule in the Federal Register, Social Security officials dismissed the bulk of the comments opposing the rule, writing, “Of the timely-submitted comments, 86,860 were identical letters from different members of one advocacy group, and 324 were signatures on one comment letter. These letters urged us to withdraw the proposed rules, which the commenters thought would adversely affect individuals’ Second Amendment rights.”

“We are not attempting to imply a connection between mental illness and a propensity for violence, particularly gun violence,” the SSA wrote. “Rather, we are complying with our obligations under the NIAA, which require us to provide information from our records when an individual falls within one of the categories identified in 18 U.S.C. 922(g).”

Byington said, “The rule forces affected beneficiaries to file a petition for ‘restoration’ of rights and to somehow prove their possession of firearms would not harm public safety or the public interest. This is backward. The government should have to prove someone is unfit before stripping them of their Second Amendment rights.”

The major parameters of the final rule will affect those who receive SSI or disability insurance because of a listed mental health impairment and who have been assigned a representative payee to manage the benefits because of the person’s mental condition.

“If you are a member and have questions about this rule and how it might affect someone in your family, please give us a call at the non-emergency number (281) 668-9957, and our attorneys will explain your options,” Byington said. “Or send us an email at questions@walkerbyington.com.” — Texas & U.S. Law Shield Staff

Re: New Social Security Law limiting firearm possesion [Re: billybob] #6616746 01/04/17 11:51 PM
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We are the government and we are here to help. Yeah, right.


God has a plan and something special in mind for all of us. Do you know the direction that God wants to send you?
Re: New Social Security Law limiting firearm possesion [Re: billybob] #6634514 01/16/17 03:34 AM
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I'm all for the 2nd but I don't see the problem with this.

Are you saying you think paranoid schizophrenics, severely depressed, suicidal, mentally challenged, and people with multiple personality disorder and whatever else plain old crazy people have should be allowed to have guns when they can't even handle a checkbook?

Re: New Social Security Law limiting firearm possesion [Re: billybob] #6634552 01/16/17 03:54 AM
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Tommar - what happened to innocent until proven guilty. Also, there is no path to restoration of rights. If a person loses a spouse and goes into depression, there is no path to regain their constitutional right. By your argument, I know a lot of people of all ages who can't handle a checkbook, are you saying they shouldn't be allowed to exercise their 2nd ammendment rights too? If a politican sees this or another excuse to remove these rights, we as a country are hosed.

Re: New Social Security Law limiting firearm possesion [Re: Phlash] #6634582 01/16/17 04:13 AM
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Originally Posted By: Phlash
Tommar - what happened to innocent until proven guilty. Also, there is no path to restoration of rights. If a person loses a spouse and goes into depression, there is no path to regain their constitutional right. By your argument, I know a lot of people of all ages who can't handle a checkbook, are you saying they shouldn't be allowed to exercise their 2nd ammendment rights too? If a politican sees this or another excuse to remove these rights, we as a country are hosed.

Nailed it....all they have to do is accuse you....you're on the list and can't get off of it.....


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Re: New Social Security Law limiting firearm possesion [Re: billybob] #6634683 01/16/17 06:13 AM
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Hold on a second.

I'm as pro 2nd as anyone here and can't stand the thought of giving Uncle Sam an inch in the gun control fight but read what they are saying.

This applies to those people on SSI for mental problems that are receiving disability and so severely incapacitated they need a guardian to handle their financial affairs.

I'll agree that it's a slippery slope allowing the government this inch and I don't like the ambiguities in the law that I'm sure eventually the government will exploit. There needs to be some definitive diagnosis by multiple independent doctors and psychiatric professionals who determine that the individual in question is a risk to the themselves and the public and it should require renewal or be rescinded so individuals can regain their 2nd rights.

I don't like the law as is but how many times do we hear of some mental case shooting and killing innocents in theaters, malls, etc who have been under psychiatric care and still committed their crimes? THOSE are more dangerous to our rights.

Last edited by Tommar; 01/16/17 07:48 AM.
Re: New Social Security Law limiting firearm possesion [Re: billybob] #6635781 01/17/17 02:19 AM
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Remember when one of the Dems said , all former military were dangerous? mad It's just another foot in the door!

Last edited by Cool Mo D; 01/17/17 02:20 AM.
Re: New Social Security Law limiting firearm possesion [Re: billybob] #6636059 01/17/17 11:06 AM
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First off it's not me saying that....it is a lawyer from Texas Law Shield trying to garner support for a remedy for this action. I agree that if someone is incapable of handling their affairs without help or have been hospitalized for severe mental conditions that would endanger themselves or others, they should not be allowed to own a weapon. This is actually in effect now with the VA. If you have 100% PTSD they have a records that are forwarded to responsible agencies.

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