Admiral Rockwell Tory
Diamond Member
- Nov 1, 2015
- 60,181
- 14,912
It seems some of the left wing bellowing herd on this thread haven't bothered to read it and are still spouting false information. Your points were disproved pages ago but it seems repetition is needed for the mentally deficient liars of the left. From Pupps' post 126...again
The ACLU disagrees with you and favors repeal of the rule for the reasons I mentioned earlier in the thread.
https://waysandmeans.house.gov/wp-content/uploads/2017/01/ACLU.pdf
Your source is also wrong concerning being legally declared incompetent as a requirement to be put on the list. It is not, it is triggered merely by having your SS check go to someone other than the recipient. As follows per the ACLU:
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.
Oh, I read it alright. You misrepresent what it says. And the ACLU is wrong on this one. That should not be surprising to you righties. For instance, from your link that you claim was not read.
who, because of a mental impairment, use a representative payee to help manage their benefits
So, there is no argument here. We are talking about people with a mental impairment that prevents them from being able to adequately handle their finances. If they show up at a jewelry store and purchases a big fat diamond for Vanna White, well the store has to take it back. If they show up at a furniture store and purchase a whole house of furniture, when the custodian gets wind of it the purchase is canceled, no penalty, it is the LAW. Honestly, they can waltz in to a gun store and purchase all the guns they want. When the custodian gets wind of it, the gun store has to take the guns back and refund all the money.
So, why should this person's name not be in the NICS database? The sale would most likely be voided after the custodian finds out. Hardly believe the purchase of a gun would qualify as a needed expense. Definitely going to be flagged when the Department of Social Services reviews the expenditures. Seems even the gun store owner would want that protection. Otherwise, the sale is going to be a huge waste of time.
And the "due process" argument of the ACLU is futile. Nobody is randomly assigned a representative payee. The beneficiary can nominate whomever they like. They can change their representative whenever they like. If they don't believe they should be assigned a representative payee they can appeal the decision, in other words, "adjudicate". If they believe they no longer need a representative payee they can file a motion and once again, have it "adjudicated".
So, in short. The people on this list CAN legally own a gun. They cannot legally buy a gun, or a diamond ring, or a house of furniture, or about damn near anything else without the approval of their custodian subject to review by Social Services. Since they can't legally buy a gun their name should be placed on the NICS database.
What do we get if we don't put their name on the database? Can the individuals now buy a gun legally? No. Again, the only thing that is protected is the gun dealers right to remain ignorant. And the only thing that accomplishes is providing a loophole within our system in which a legally determined mentally incompetent person can gain temporary access to a gun by making an illegal purchase through an unknowing gun dealer.
STEWPYD.
And you are wrong...this is still just an attempt to grab guns as a last minute thrill for obama....since this is not a problem in our country........and it scoops up people who are not dangerous and denies them their right to own and use a gun for self defense.....
At this point, this far in the thread, and still clutching on to that bit of alternative facts, you are being willfully ignorant. Why not spend a few moments investigating just what a Representative Payee within the Social Security program really is, how it works, how they are assigned, what they can spend money on and what they can't. I mean this whole uproar is really beyond stewpyd. Nobody, and I mean nobody, is paying any attention at all. This Trump administration is a bunch of bumbling idiots way out of their element. No way in hell they should have reversed this policy. It was an NRA power play, a probe, a test. Now they know they can do whatever the hell they want to do. Mostly because of WILLFUL IGNORANCE.
No, you are using your own personal anecdote to claim all sorts of things not in evidence. THAT is the problem I have with your comments.