Senate Bill Would Protect Second Amendment Rights of Social Security Beneficiaries

Press Release

U.S. Senator Pat Roberts (R-Kan.) today joined Idaho Senator Mike Crapo (R-Idaho) to introduce legislation that would protect Social Security beneficiaries from being stripped of their Second Amendment rights because of determinations used by the Social Security Administration about the management and payment of an individual's benefits. In addition to Roberts, the legislation is cosponsored by Sens. Steve Daines (R-MT), Mike Enzi (R-Wyo.), Orrin Hatch (R-UT), Dean Heller (R-NV), Jim Inhofe (R-OK), Jerry Moran (R-KS), and Dan Sullivan (R-AK).

In January 2013, the President issued a memorandum directing federal agencies -- including the Social Security Administration - to gather and submit information to the National Instant Criminal Background Check System (NICS) on individuals who may be determined to be what NICS refers to as "mentally deficient." In order for an individual to be deemed "mentally deficient," a court, board, or other lawful authority is required find that the person is a danger to themselves or others, or is unable to contract or manage their own affairs.

For some beneficiaries, the Social Security Administration will appoint someone to act as representative payee for a beneficiary who may need assistance to manage their benefits. This appointment is not made through a court of law and is not a determination of a beneficiary's mental capacity. Under the President's memorandum, the Social Security Administration could be required to report individuals who have been appointed a representative payee to NICS. Crapo's bill would prevent Social Security beneficiaries from being reported and protect their Second Amendment rights.

"The Social Security Administration has no business in determining who is eligible to purchase a gun. This bill will prevent the administration from issuing yet another overbearing regulation and taking away law-abiding citizens' Second Amendment rights. I will continue to fight the president's attempts to go around Congress and ignore our Constitution," said Roberts.

"It is inappropriate for the Social Security Administration to make determinations about an individual's ability to buy or possess a firearm," said Crapo. "This bill would protect the rights of Social Security beneficiaries from having their Constitutional rights arbitrarily revoked."

"The Obama administration is once again infringing on the rights of law-abiding gun owners," Daines stated. "This is a violation of both Americans' Second Amendment rights and our right to due process. It's deplorable that government bureaucrats can strip Americans of their constitutional freedoms without any recourse."

"It is completely outrageous to believe the Social Security Administration should have any role in determining whether a senior should have the right to own a firearm," Enzi said. "It is unfortunate that legislation is necessary to protect Americans, who happen to receive Social Security benefits, from having their 2nd Amendment rights suddenly stripped by their government without due process."

"A person does not surrender his Second Amendment rights merely because someone is appointed to administer Social Security benefits on his behalf," Hatch said. "This bill will halt yet another attempt by the Obama administration to deny millions of law-abiding Americans the right to keep and bear arms."

"I have long voiced my concerns with proposals from this Administration that could infringe on Nevadans' right to bear arms. Never should the millions of responsible seniors and individuals in this country be arbitrarily discriminated against and denied their Second Amendment rights. I am proud to work with Senator Crapo on this important legislation, which protects the rights of law-abiding Social Security beneficiaries. I will continue fighting to ensure Americans' constitutional rights are protected," said Heller.

"As part of his executive gun control actions, President Obama and his administration are seeking to curb the Second Amendment rights of Social Security recipients. The Social Security Administration should not decide such issues, and I am proud to join Senator Crapo in ensuring that beneficiaries' Constitutional rights are not improperly targeted by the president's unilateral actions," said Inhofe.

"Americans should be confident their Second Amendment rights cannot be arbitrarily taken away by bureaucrats," Moran said. "Our legislation makes certain the Social Security Administration will not overstep its authority to deny an individual the right to own a firearm."

"This is yet another attempt by the Obama administration to infringe upon the Second Amendment rights of law-abiding citizens. The President's actions are a direct affront to our Constitution, which dictates that Congress, not the Executive Branch, makes laws. This legislation ensures that responsible, law-abiding Social Security beneficiaries continue to exercise their constitutional rights to bear arms," said Sullivan.

Text of the bill, S.2495, is attached and will be referred to the Senate Committee on the Judiciary. Companion legislation, H.R. 3516 has been introduced in the House by Rep. Sam Johnson of Texas.