ATLANTA, GA— Attorney General Chris Carr joined 12 other attorneys general in sending a letter to U.S. Senate and House leadership asking them to take action under the Congressional Review Act to protect the Second Amendment rights of Americans.

On December 19, 2016, the Social Security Administration (SSA) published a final rule entitled, “Implementation of the NICS Improvement Amendments Act of 2007.” See 81 Fed. Reg. 91702 (Dec. 19, 2016). This new regulation broadens the previously narrow prohibition for those “adjudicated as a mental defective or who ha[ve] been committed to a mental institution” to sweep in numerous individuals that Congress never intended to cover with this exclusion. Specifically, under this new rule, SSA may designate a person as “mental[ly] defective” and then take away his or her Second Amendment rights if the Agency itself determines that he or she “lacks the mental capacity to contract or manage his or her own affairs.” See 20 C.F.R. § 421.105. This would include some Social Security beneficiaries whose benefits have been “made through a representative payee.” See 20 C.F.R. § 421.110(b)(5). And SSA appoints representative payees when it “determine[s] this is necessary because the individual’s interests would be better served by the appointment of a payee.” 81 Fed. Reg. 91702, 91709.

“The right to keep and bear arms is protected by the U.S. Constitution, and we have concerns the Social Security Administration is infringing on the Second Amendment rights of Americans, yet another example of federal overreach,” said Attorney General Chris Carr.

State attorneys general from Wisconsin, Arizona, Kansas, Louisiana, Michigan, Montana, Nevada, North Dakota, Ohio, South Carolina, Texas and West Virginia also signed the letter.

Read a full copy of the letter in the attached PDF.

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