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Passed in the House: Johnson Resolution Protecting 2nd Amendment Rights

February 02, 2017

WASHINGTON, D.C. – House Ways and Means Committee Chairman Kevin Brady (R-TX) and Social Security Subcommittee Chairman Sam Johnson (R-TX) today released the following statements after the House voted to pass a resolution undoing an Obama Administration regulation that prohibits certain Americans who receive Social Security disability benefits from exercising their 2nd Amendment rights.

“Today we put a stop to one of the Obama Administration’s many attempts to legislate through regulation,” said Chairman Brady. “The Social Security Administration not only overstepped its mission with this regulation, it discriminated against certain Americans with disabilities who receive Social Security benefits. The agency should be focused on serving all of its beneficiaries, not picking and choosing whose 2nd Amendment rights to deny. Thank you to Chairman Johnson and Congressman Abraham for leading the House effort to reverse this harmful regulatory overreach and protect the rights of all Social Security beneficiaries.”

“Today was an important day for the Constitutional rights of individuals with disabilities,” said Chairman Johnson. “Just because someone has a disability does not mean they’re a threat to society. Needing help to manage your benefit does not make you dangerous. This resolution has strong support from the disability community, the NRA, and the ACLU. The Senate should act quickly to make sure the 2nd Amendment rights of individuals with disabilities are protected.”

H.J. Res. 40 is supported by:
American Civil Liberties Union (ACLU)
National Council on Disability (NCD)
Consortium for Citizens with Disabilities (CCD) Rights Task Force
American Civil Liberties Union (ACLU)
National Rifle Association (NRA)
National Coalition for Mental Health Recovery (NCMHR)
Bazelon Center

Chairman Johnson, along with Rep. Ralph Abraham (R-LA) and Senator Chuck Grassley (R-IA), introduced companion joint resolutions (H.J. Res. 40) to undo a regulation finalized under the Obama Administration that infringes upon the 2nd Amendment rights of certain Social Security disability beneficiaries. The Social Security Administration’s rule wrongly and unfairly labels anyone receiving disability benefits due to a mental disability and receiving help managing benefits as “mentally defective.” As a result, the person’s name is reported to the National Instant Criminal Background Check System (NICS)—a federal list of people who are not able to purchase firearms. In addition, people that are subject to this rule aren’t given the option to appeal until after their names have been reported to NICS.

CLICK HERE to learn more about H.J. Res. 40.

CLICK HERE for a full list of letters of support for H.J. Res. 40.