Washington, D.C. - Idaho Congressman Mike Simpson supported H.J.Res. 40, a resolution disapproving an 11^th hour Obama Administration rule requiring the Social Security Administration (SSA) to submit the names of certain beneficiaries to the National Instant Criminal Background Check System, denying them of their Second Amendment rights.

On December 19, 2016, the SSA published the final rule for the criteria to report certain Social Security recipients to the National Instant Criminal Background Check System (NICS).  This database is used to prevent the sale of firearms to individuals that have committed felonies, are drug addicts, fugitives and illegal immigrants.  This rule restricts Social Security Disability Insurance or Supplemental Income benefit recipients that have been deemed incompetent to handle their own affairs from owning firearms. 

“This is another example of the Obama Administration forcing policy that is not supported by the American people,” said Simpson. “The president couldn’t restrict gun rights through legislation so he had to use to rulemaking process.”

For a beneficiary to appeal the firearm prohibition, they will have to provide to the SSA written statements from the past five years from the individual’s mental health provider, assessing their mental status; and must provide written character statements from others stating that the individual is not a danger to himself/herself or others. Aside from determining that a beneficiary cannot handle their own affairs, the Social Security Administration requires very limited information to transfer the beneficiaries’ information to the NICS.

“Bureaucrats shouldn’t have the ability to take away someone’s constitutionally protected rights,” said Simpson.

H.J.Res. 40 was adopted in the House of Representatives by a vote of 235-180.