U.S. Rep. Jackie Walorski (R-Ind.) Thursday voted to block a regulation issued in the final days of the Obama administration that would allow the Social Security Administration to restrict without due process the 2nd Amendment rights of certain disability beneficiaries who receive help managing their benefits.
“This regulation discriminates against individuals with disabilities by denying them their 2nd Amendment rights and violating their rights to due process,” Congresswoman Walorski said. “That is why we are standing up for the 2nd Amendment rights of all disabled Americans. Being disabled doesn’t make you a danger to society, and getting help managing your benefits doesn’t mean you forfeit your constitutional rights.”
BACKGROUND
The House passed H.J.Res. 40, a resolution to overturn this rule under the Congressional Review Act, by a vote of 235 to 180. The resolution heads to the Senate, where it is not subject to a filibuster.
The regulation, which was finalized December 19, 2016, would restrict the 2nd Amendment rights of individuals who receive Social Security Disability Insurance or Supplemental Security Income due to a mental disability and who have a designated payee to help manage their benefits. The burden is on these individuals to appeal if they believe their names should be removed from the National Instant Criminal Background Check System (NICS), a federal list of people prohibited from purchasing firearms.
Prior to the vote, Walorski spoke on the House floor in support of the disapproval resolution.
Video of Walorski speaking on the floor is available here, and the text of her remarks is below.
“I rise today in strong support of H.J.Res. 40.
“As part of our bold agenda for the American people, we are reining in the out-of-control bureaucracy in Washington.
“We are taking action to roll back eight years of Obama administration overreach.
“Today we are stopping a truly egregious violation that flies in the face of the Constitution.
“This regulation, finalized in the final days of the Obama presidency, would deny certain Social Security recipients their 2nd Amendment rights without due process.
“If you receive Social Security disability payments, and someone helps you manage those payments – this regulation stops you from being able to purchase a firearm.
“Your name gets added to a federal database, and the burden is on you to prove it doesn’t belong there.
“That is absolutely outrageous.
“This regulation discriminates against individuals with disabilities by denying them their 2nd Amendment rights and violating their rights to due process.
“And it gives far too much power to bureaucrats at the Social Security Administration who should be focused on making sure people get the benefits they deserve – not deciding who can own a gun.
“This is why we are standing up for the 2nd Amendment rights of all disabled citizens.
“Being disabled doesn’t make you a danger to society.
“And getting help managing your benefits doesn’t mean you forfeit your constitutional rights.
“Mr. Chairman, I want to thank Congressman Sam Johnson and Congressman Ralph Abraham for their leadership on this issue.
“I strongly support this resolution, and I urge my colleagues to do the same.”
Walorski represents the 2nd Congressional District of Indiana, serving as a member of the House Ways and Means Committee.
