Some Some Social Security Disability Recipients with Mental Health Conditions Banned From Owning Guns

There are currently millions of Americans who receive Social Security Disability benefits because they suffer from a mental health condition, such as depression or schizophrenia. Many of these individuals aren’t capable of managing their finances though, and may require a family member to make decisions about money.

But could an inability to manage money indicate a threat to the safety of the beneficiary or others around them? While the answer to that question is still up for debate, President Obama is pushing for Social Security recipients who require assistance managing finances to be banned from owning firearms.

An article from The Seattle Times explains the Department of Veterans Affairs is submitting the names of anyone who has been declared incompetent to manage their pension of disability payments on their own to the national background check system.

The national background check system checks requests for gun registration permits against a list of names of anyone who is prohibited from purchasing a gun. These individuals include felons, illegal immigrants, dishonorably discharged veterans, fugitives, and even convicted drug addicts. Law requires anyone wishing to purchase a firearm to have his or her personal information submitted to the system to ensure the purchaser is legally allowed to own a firearm.

While those in favor of submitting the names of disability recipients say the rule keeps guns out of the hands of volatile individuals, others say the system is flawed and prevents stable individuals from exercising their right to bear arms.

Social Security Disability recipients whose names have been added to the list can appeal the action, but the pace of hearing these cases can be slow. Of the almost 300 appeals that have been filed, only nine have been granted.

At Fleschner, Stark, Tanoos & Newlin, our Social Security Disability lawyers believe in protecting the rights of those who cannot work. That’s why we encourage anyone who receives Social Security Disability benefits and believes their rights are being infringed upon to discuss legal options with an attorney as soon as possible.