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by Archery1
Tue Jan 05, 2016 10:18 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: New Executive Orders on Gun Control fact sheet
Replies: 25
Views: 5723

Re: New Executive Orders on Gun Control fact sheet

carlson1 wrote:
Syntyr wrote:Need help with your social security income - No 2A rights for you

On SSI Disability - No 2A rights for you
Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm. Current law prohibits individuals from buying a gun if, because of a mental health issue, they are either a danger to themselves or others or are unable to manage their own affairs. The Social Security Administration (SSA) has indicated that it will begin the rulemaking process to ensure that appropriate information in its records is reported to NICS. The reporting that SSA, in consultation with the Department of Justice, is expected to require will cover appropriate records of the approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent. The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health.

Documented mental health issues, receives disability, and are unable to manage those benefits because their mental impairment. It is not those receiving disability. It is those receiving disability for mental health reasons AND are unable to manage those benefits because of their mental health. Question? Is it those receiving disability for mental health OR those receiving benefits for mental health AND are not capable of taking care of their on finances?

I thought those found by a State or Federal Court for being legally incompetent was already out according to the the 4473 question.
I work in this area. I can represent someone to manage my Soc Sec and become my representative payee. That is not a mental health issue. That is merely a Power of Attorney action. But, they don't even recognize that, and will require one to become authorized under a more formal method.

If someone takes over management of your Soc Sec under a mental health issue, you will not get past Soc Sec in securing a representative payee designation without Letters of Guardianship issued by a Court or Probate Court. IOW, the person will have been deemed by Court proceedings to be mentally incompetent to manage their finances and the person asking to be representative payee will have been appointed. This is not a simple process to obtain, as it requires a mini-trial, court appointed representation for person, and sworn medical testimony.

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