Originally Posted by
American Civil Liberties Union
In December 2016, the SSA promulgated a final rule that would require the names
of all Social Security Disability Insurance (SSDI) and Supplemental Security
Income (SSI) benefit recipients – who, because of a mental impairment, use a
representative payee to help manage their benefits – be submitted to the National
Instant Criminal Background Check System (NICS), which is used during gun
purchases.
We oppose this rule because it advances and reinforces the harmful stereotype that
people with mental disabilities, a vast and diverse group of citizens, are violent.
There is no data to support a connection between the need for a representative
payee to manage one’s Social Security disability benefits and a propensity toward
gun violence. The rule further demonstrates the damaging phenomenon of “spread,”
or the perception that a disabled individual with one area of impairment
automatically has additional, negative and unrelated attributes. Here, the rule
automatically conflates one disability-related characteristic, that is, difficulty
managing money, with the inability to safely possess a firearm.
The rule includes no meaningful due process protections prior to the SSA’s
transmittal of names to the NICS database. The determination by SSA line staff that
a beneficiary needs a representative payee to manage their money benefit is simply
not an “adjudication” in any ordinary meaning of the word. Nor is it a
determination that the person “[l]acks the mental capacity to contract or manage his
own affairs” as required by the NICS. Indeed, the law and the SSA clearly state
that representative payees are appointed for many individuals who are legally competent.
We recognize that enacting new regulations relating to firearms can raise difficult questions. The
ACLU believes that the right to own and use guns is not absolute or free from government
regulation, since firearms are inherently dangerous instrumentalities and their use, unlike other
activities protected by the Bill of Rights, can inflict serious bodily injury or death. Therefore,
firearms are subject to reasonable regulation in the interests of public safety, crime prevention,
maintaining the peace, environmental protection, and public health. We do not oppose regulation of
firearms as long as it is reasonably related to these legitimate government interests.
At the same time, regulation of firearms and individual gun ownership or use must be consistent
with civil liberties principles, such as due process, equal protection, freedom from unlawful
searches, and privacy. All individuals have the right to be judged on the basis of their individual
capabilities, not the characteristics and capabilities that are sometimes attributed (often mistakenly)
to any group or class to which they belong. A disability should not constitute grounds for the
automatic per se denial of any right or privilege, including gun ownership.