WASHINGTON, D.C. — U.S. Senators Thad Cochran (R-Miss.) and Roger Wicker (R-Miss.) have voted for legislation to overturn a federal rule that infringes on the Second Amendment rights of Social Security recipients.The Senate on Wednesday voted 57-43 to approve H.J.Res.40, a joint resolution of disapproval aimed at former President Obama’s executive action requiring the Social Security Administration (SSA) place beneficiaries on the National Instant Criminal Background Check System “mental defective” list. The measure now goes to President Trump, who has indicated his support of overturning the rule.
“This misguided rule amounts to an attempt to force more federal gun control on law-abiding citizens. The rule should be overturned to stop it from infringing on their Second Amendment and due process rights,” Cochran said.
“I voted to overturn this rule because it goes far beyond any arguably reasonable regulations on gun ownership,” Wicker said. “In effect, it allows a federal agency to deny an individual’s right to due process and potentially his or her Second Amendment rights. I believe we can keep firearms out of the hands of criminals, terrorists, and those deemed to be a harm to themselves or others and, at the same time, protect Americans’ constitutional rights.”
Both Cochran and Wicker cosponsored S.J.Res.14, the Senate companion to H.J.Res.40.
The House and Senate are using the Congressional Review Act to upend previously-promulgated Obama administration regulations. This SSA rule would affect benefit recipients who require assistance in managing their own affairs and have certain disorders by classifying them as “mental defective.” The rule does not include any hearing or due process protections for those affected to appeal the rule.
The joint resolutions are supported by a variety of organizations, including the National Rifle Association, American Association of People with Disabilities, Arc of the United States, National Council on Disability, American Civil Liberties Union, and others.