2A Rights Being Quietly Stripped from US Citizens

2A Rights Being Quietly Stripped from US Citizens

Here we all are at the end of 2016 which has proven to be a tumultuous year, indeed. And with the end of 2016, comes the end of an era. The Obama presidency. However, even though the voters of this great country have largely spoken by voting in a new president, house and senate that are largely composed of Republicans, Obama is unabashedly still at it.

While you were celebrating Thanksgiving, Christmas and the end of his tenure, he’s been working with his cronies to cook up some very unpleasant gun control laws disguised as rules. In other words, knowing he cannot get the gun control or bans in place that he wants, he is working through the system to sneak these essentially 2A contradictions into the SSA and BATF.

On December 19, the SSA issued the final rule that will strip away the rights under 2A of recipients of SSI. Essentially, the SSA has determined that if you receive SSI, you will now be characterized as “mentally defective”. The White house put out a press statement in January of 2016 outlining their policy shift. You can read it here. While the SSA is essentially deciding that any mental health issue is immediately cause for the stripping of one’s 2A rights, when they were asked how that determination is being made, they simply referred to the BATF’s regulation that defines who they consider to be “mentally defective”. What Obama’s administration has done is roped the SSA into policing the ATF’s policies while not taking any action on their own to vet the actual mental illness of an individual to determine if he or she is a danger to themselves or society.

The rule does not allow one to argue against the removal of one’s rights prior to having them stripped. It happens, then you must persuade some entity that you should not have your rights stripped. In this country there is a requirement for due process under the constitution. The Fifth Amendment says that the Federal Government shall not, “be deprived of life, liberty or property without the due process of the law”. Further, the Fourteenth Amendment uses this same phrase, often described as the “due process” clause to describe these same limitations on a state level.

This, unfortunately, is not unique. Not too long ago, this same arbitrary rule was imposed on our veterans. To date, over 250,000 of our veterans have had their 2A rights stripped from them due to this overreaching rule. The Veterans Administration like, the SSA claims there is a path to having these rights restored. However, the costs associated with challenging this clearly unconstitutional rule begins at $10,000 and to be successful would likely exceed $50,000 to $100,000.

Overall, the Federal Government is finding ways to ban guns by squeezing down to demographic of people that can “legally” possess and carry a firearm. Despite the fact that the rules fly in the face of the constitution and are not put on the ballot for the people to vote on. More and more of this kind of subversive tactic will be used by the anti-gunners to get what they want.

I urge you to pay attention to this kind of subversive action, Get involved. Join the NRA, write and call your representatives. Remind them that this country is ruled by law, not “rules and regulations” that run counter to the Constitution.

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  • David Risselada

    This article is a little misleading. The regulation actually states, and I am not defending it by the way, that if a person is receiving SSI through a beneficiary that handles their finances for them they are banned from gun possession. This is called being incompetent to handle your own financial affairs and in fact, is listed on the back ground check form as something which would make you a prohibited person. Like the background check itself, this regulation does nothing but ensures people are easier targets for the criminals and murderers who refuse to submit themselves to the back ground check that law abiding people go through to buy a gun.

    • ReallyOldOne

      David
      Agree with your analysis. This article by Tuck is exactly the kind of “news” that gives the left ammunition for “fake news”. The sad thing is the basic premise that the SSA rules do deprive citizens of due process gets lost in the overly broad and false assertion that this applies to all SSI recipients. caveat emptor on ALL sites.

      • David Risselada

        Yeah, ultimately it isn’t constitutionally up to the bureaucracies to decide incompetency. The one thing they are getting away with is depriving people of their due process rights. The V.A. is guilty as well.

        • Jazzmine Rosales

          In the case of the SSA it is not the a bureaucracy making that determination, in order to be determined mentally incompetent under these restrictions you must have a third party handling your ss benefits due to an inability to handle the requirements on your own, or a court may declare you incompetent. I dont know in regards to the VA, so ill have to take your word on that one ntil i do some research
          .

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    • StoutCortez

      Go away.

  • These are very good examples of the kinds of things that Trump will reverse very easily.

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    • G50AE

      True, but I think there needs to be some legislative action to prevent future presidents from going down this road.

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    • Jazzmine Rosales

      this is not a policy Trump would be able to reverse easily, it goes back to the ’07 NICS Improvement Amendments Act signed by the outgoing bush administration

  • Sir TuberKopf

    An SSI recipient could have sufficiently bad eyesight that they can’t read 6 or 8 point print on legal documents, but can easily operate a firearm and recognize threats. This regulation is age discrimination, plain and simple. It also clearly violates federal law that protects handicapped persons.

    I also completely trust my children and might at some point provide them with control over finances, so bills and taxes would get paid if I took an extended vacation somewhere. Am I diabled or just in Patagonia. Is this an excuse to find the government has broken in and robbed my house?

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