U.S. Senator John Boozman (R-AR) today voted to overturn an Obama administration regulation that strips Second Amendment rights away from seniors and disabled Americans.
By a bipartisan vote of 57-43, the Senate passed H.J. 40, a resolution of disapproval of the Social Security Administration (SSA) rule announcing it will share information with the National Instant Criminal Background Check System (NICS) on individuals who receive Disability Insurance benefits or Supplemental Security Income payments and meet criteria that can easily be misapplied to include millions of law-abiding citizens for the wrong reasons.
“This rule essentially allowed federal bureaucrats to deem law-abiding seniors and disabled Americans a threat to society and thereby restrict their Second Amendment rights without due process. It was a direct attack on Second Amendment rights under the Constitution,” Boozman said.
Under the rule, Americans placed on the SSA’s list would only be able to seek relief after their Second Amendment rights had been taken away. They would be forced to shoulder the burden of proof of convincing the agency that they are not a danger in order to restore their Second Amendment rights. By contrast, the rule would impose practically no burden on the SSA for putting a person on the list in the first place.
“When you have organizations diverse as the National Rifle Association, American Association of People with Disabilities and the American Civil Liberties Union voicing opposition to a rule, it is clear that it is bad policy,” Boozman said.
According to the Inspector General’s report, as of July 2016, the rule would have required the SSA to report 80,898 individuals to the NICS.
The Congressional Review Act allows Congress to overturn any new regulation, within sixty days of its submission, with a joint resolution of disapproval. Boozman cosponsored the Senate companion resolution of disapproval.
The U.S. House of Representatives has already passed H.J. 40 so it will now be placed on the President’s desk for signature.