Category Archives: Law

Bills Allowing Permitless Carry and First-Responder Carry Advance

Facebooktwittergoogle_pluspinterestyoutube

A Texas House committee has approved legislation that would allow handguns to be carried—concealed or in a holster—without a state-issued license. Also, the Texas Senate has passed SB 1408, a bill to allow first responders to conceal carry.

The just-passed version of HB 1911’s permitless carry provisions approved by the House Homeland Security and Public Safety Committee contained several substantial changes from previous versions.

• To carry without a permit, gun owners would have to meet existing LTC standards: be 21 years of age or older, have no criminal convictions, and be eligible to purchase a weapon under federal and state laws. The previous version would have allowed guns to be carried by those 18 and older.

• Churches and places of worship would no longer be prohibited places to carry a gun, unless they posted 30.06 and/or 30.07 signs.

• Handguns carried in the open would still be required to be kept in a holster, but the restrictions on them being in a belt or shoulder holsters would be loosened.

“This bill simply creates an unlicensed option to carrying a handgun,” said Rep. Phil King, R-Weatherford., chairman of the committee.

A competing bill, House Bill 375 by Rep. Jonathan Stickland, R-Bedford, wasn’t considered for a vote. Stickland’s legislation would allow anybody who legally owns a firearm to carry it without a license—a much broader franchise than what’s being considered in HB 1911.

“We understand that for the most part, Texans are satisfied with the current carry laws we have now. However, there is still a significant number of Texans who believe that if you’re a law-abiding citizen, you shouldn’t necessarily have to buy your way to a right to bear arms through a license,” Rep. James White (R-Hillister) told the Austin American-Statesman.

Over in the state Senate, SB 1408, brought by Senator Don Huffines (R-Dallas), would allow first responders to carry a handgun on duty if they have Licenses to Carry (LTC) and have completed a special on-duty first responder training course that will be approved by the Texas Department of Public Safety.

Senator Huffines said, “As first responders answer our cries for help, we cannot leave them exposed to attack. First responders do dangerous work and sometimes come under fire. In a time in which our police are targeted just because of their uniform and badge, we must not leave first responders disarmed and exposed to danger, either.”

If you feel that either piece of legislation should continue, please contact your representative and voice your support for these measures.

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations,

ATF Sued for Records Classifying AR-15 Ammunition as ‘Armor-Piercing’

Facebooktwittergoogle_pluspinterestyoutube

Judicial Watch, the Washington, D.C.-based watchdog group, has filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) seeking records of communications inside the agency when it was considering reclassifying certain types of AR-15 ammunition as armor-piercing—and effectively banning it from civilian use.

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

Members who want to understand the precise statutory definition of ‘armor-piercing ammunition’ can find it in 18 U.S.C §921(a)(17).

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.”  The letter asserted the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law-abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

  • All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

Federal Lawsuit Filed Against Magazine Ban

Facebooktwittergoogle_pluspinterestyoutube

The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.

the second amendment foundation

Joining SAF are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and six individuals, including one retired California peace officer. The lawsuit was filed in U.S. District Court for the Eastern District of California.

The complaint is a constitutional challenge to California Penal Code § 32310, as recently amended by Senate Bill 1446 and Proposition 63, and Penal Code § 32390 (the “Large-Capacity Magazine Ban”). The lawsuit alleges that if these measures are enforced as applied, they would “individually and collectively prohibit law-abiding citizens from continuing to possess, use, or acquire lawfully-owned firearms, in common use for lawful purposes such as self-defense (inside and outside the home), competition, sport, and hunting.”

“What we see in the enactment of such laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “is continued erosion by the state of its citizens’ constitutional rights guaranteed under the Second Amendment. When the U.S. Supreme Court incorporated the Second Amendment to the states via the 4th Amendment under the 2010 McDonald ruling, it automatically should have stopped this kind of prohibition.

magpul pmag ar magazine“As we state in our lawsuit,” he continued, “this magazine ban fails to provide fair or even adequate notice to law-abiding gun owners of what they may do with their personal property without being subject to criminal sanctions. In effect, this ban amounts to a backdoor form of confiscation, in part, of bearable arms that are protected by the Constitution.

“Enforcement of this ban,” Gottlieb concluded, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations,

Student Suspended For “Liking” a Photo of an Airsoft Gun on Instagram

Facebooktwittergoogle_pluspinterestyoutube

Seventh-grader Zachary Bowlin last week was given a 10-day suspension from Edgewood Middle School [Ohio] for liking a picture of a gun on the social media site with the caption, “Ready.” Read more…

Source: AOL.com News and FOX19

airsoft gun school suspension

The parents of Zachary Bowlin posted a picture of the intended suspension notice which read, “The reason for the intended suspension is as follows: Liking a post on social media that indicated potential school violence.”

“I liked it, scrolling down Instagram at night about 7, 8 o’clock, I liked it,” Bowlin told FOX19. “The next morning they called me down [to the office] patted me down and checked me for weapons.”

The gun in the photo is reportedly an airsoft gun that shoots plastic pellets.

Instagram airsoft gun

The 13-year-old’s parents were angry about the suspension. “It was 10 days suspension with the possibility of expulsion. I’m like, ‘For liking a gun? Did he make a comment or threat or anything?,'” Bowlin’s father, Marty, told WLWT News in Cincinnati, “And it’s like, ‘No. He just liked a picture.’ I’m like, ‘Well, this can’t happen.'”

The school, however, stands by taking precaution right away. “When you’re dealing with school districts nowadays and there are pictures of guns, regardless of the kind of gun it is, it’s a gun,” Edgewood City Schools Superintendent Russ Fussnecker told WLWT, “I cannot just turn my head and act as if, well, I think it may have been playful and take the chance that something happens,” Fussnecker continued. “I can’t take a chance.”

The suspension was for both Bowlin and the boy who took the photo. Once Fussnecker found out the gun was for pellets, it was revoked. Bowlin can return to school without penalty. The boy who posted the photo is reportedly still under suspension.

Fussnecker told FOX19 in a statement: “Concerning the recent social media posting of a gun with the caption ‘Ready,’ and the liking of this post by another student, the policy at Edgewood City Schools reads as follows:
“The Board has a ‘zero tolerance’ of violent, disruptive, harassing, intimidating, bullying, or any other inappropriate behavior by its students.

Students are also subject to discipline as outlined in the Student Code of Conduct that occurs off school property when the misbehavior adversely affects the educational process.

As the Superintendent of the Edgewood City Schools, I assure you that any social media threat will be taken serious [sic] including those who ‘like’ the post when it potentially endangers the health and safety of students or adversely affects the educational process.”

 

Judicial Watch Sues ATF for Records of Attempted Reclassification of AR-15 Ammuniton

Facebooktwittergoogle_pluspinterestyoutube

Judicial Watch has announced that it filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, seeking records of communications related to a proposed reclassification that would effectively ban certain types of AR-15 ammunition as armor-piercing.

ball ammo

Source: Judicial Watch

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

The ATF is reportedly reconsidering its February 2015 proposal to revise the 2014 Regulation Guide regarding the reclassification of certain ammunition.

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.” The letter asserts the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

The precise statutory definition of “armor-piercing ammunition” can be found in 18 U.S.C §921(a)(17).

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

About Judicial Watch
Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.

For more information, visit Judicial Watch

ATF letter

Read the entire letter (PDF): Click HERE

Two Bills Compete to Bring Permitless Carry to Texas

Facebooktwittergoogle_pluspinterestyoutube

In this interview with WBAP radio in Dallas, Independent Program Attorney Edwin Walker of Walker & Byington discusses the differences between two Texas House bills that are vying to bring permitless carry to Texas. (Audio only).

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

 

 

 

Fired for Your Firearm: Do You Have any Options?

Facebooktwittergoogle_pluspinterestyoutube

A recent incident in which a Waffle House waitress was fired after defending herself against an attempted robbery shows that even when people exercise their legal right to self-defense, they can still be terminated by their employers.

According to WSBTV in Georgia, “Deputies said robbers gave a note to a waitress that threatened to shoot everyone unless she gave them money.” Heather Stanley, another waitress at the Newnan, Georgia eatery, went out to her car, retrieved her handgun, and “fired one shot into the air” as the would-be robbers ran to their cars.

Stanley was fired by Waffle House after the incident.

Stanley told WSBTV, “I didn’t know if they had guns. I didn’t know if they were going to their vehicle to get another one and could come back and try to get to the safe, so my instinct was to go to my car and get the gun.” Stanley added, “For trying to protect their Waffle House and trying to protect their money and to get their money back, they let me go.”

In Texas, employers can fire employees for similar policy violations. Independent Program Attorney Emily Taylor of Walker & Byington discusses the limited options fired employees in the Lone Star State have if they violate an employer’s firearms policy:

What happens if you do get fired for violating a firearms policy? Well, unfortunately, Texas is an “employment at will” state so your employer can fire you for virtually any reason, or no reason at all at any time.

So if you’re fired for violating a firearms policy, you don’t really have recourse. Firearms owners in Texas are not a protected class of persons, so you can’t come back then and sue your employer and say you were discriminated against for being a firearms owner. We reserve this protected-class status for things like race, gender, ethnicity, religion, and things of this nature.

There’s one more quirk in Texas firearms law that pertains to employers and employees, and this is having your firearm in your vehicle at work. We have a bill here in Texas that says that the general rule is employers must allow you to do this.

However, that bill doesn’t have a punishment for employers who violate this law, so at the end of the day, if you have your firearm in the car, your employer tells you that you cannot do this, and then they fire you for having your firearm in the car, unfortunately, even though, they are in violation of the statute, you have again no legal recourse because Texas is employment at will.

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in-state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

Facebooktwittergoogle_pluspinterestyoutube

Seattle gun and ammo tax a huge failure! Read on…

Source NRA-ILA

tax burdenOn March 16, 2017, the Seattle Times reported that Seattle city officials were reluctant to release data on the revenue generated by the city’s firearms and ammunition tax, citing taxpayer confidentiality concerns. Less than a week later, we now know the more likely reason that Seattle failed to disclose this tax revenue: because the money raised fell woefully short of the figure projected by supporters of the tax.

In July 2015, Seattle City Council President Tim Burgess proposed legislation he dubbed a “Gun Violence Tax,” contending that “It’s time for the gun industry to help defray” the cost of criminal violence perpetrated with guns. Burgess’s proposal was unanimously passed by the city council on August 10, 2015. The legislation imposed a $25 tax on firearm sales, a $.02 per round tax on .22 and smaller-caliber ammunition, and a $.05 per round tax on ammunition greater than .22 caliber. The revenue was intended to be used to fund anti-gun research at the Harborview Medical Center.

On August 24, 2015, NRA, the National Shooting Sports Foundation and the Second Amendment Foundation filed suit in King County Superior Court to prevent the city from enforcing the new tax. NRA’s complaint pointed out that the tax violates the Second Amendment and is also impermissible under Washington state law.

The U.S. Supreme Court has made clear that governments are not permitted to attack constitutionally-protected conduct through taxation. In the First Amendment context, the Court struck down a Minnesota use tax on ink and paper used in publishing. In that case — Minneapolis Star Tribune Co. v. Minnesota Commissioner of Revenue — the Court warned that, “A power to tax differentially, as opposed to a power to tax generally, gives a government a powerful weapon against the taxpayer selected.”

Washington’s firearms preemption statute also bars Seattle’s tax. Section 9.41.290 of the Revised Code of Washington states,

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloading components.

And, local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

Washington law does provide a small number of specific exemptions to the state firearm preemption statute, but these concern local zoning in relating to firearms dealers, carry in certain municipal buildings, and the discharge of firearms.

Despite the plain language of Washington’s preemption statute, in December 2015 King County Superior Court Judge Palmer Robinson upheld Seattle’s tax. NRA and our allies have appealed the court’s decision, and the case now sits with the Washington State Supreme Court.

In advocating for the tax, Burgess and other supporters of the legislation repeatedly cited figures from the City Budget Office that claimed the tax would raise between $300,000 and $500,000 a year. In an email to the Times this week, Burgess confessed, “During its first year, the firearms and ammunition tax payments received by the City were less than $200,000.” It is not clear how much less than $200,000 the city collected.

According to the Times, to come up with the outlandish $300,000-$500,000 figure, the City Budget Office “obtained the annual number of background checks for gun sales in Washington. Then they looked up what percentage of Washington’s licensed gun dealers were in Seattle and used that to guess the number of firearms sales in the city.” In addition to the fact that its analysis was too rudimentary to offer an accurate estimate of gun sales in Seattle, the budget office appears to have made no attempt to predict the impact the significant tax would have on the behavior of gun dealers and buyers.

Making this projection appear even more ridiculous is that the 2016 tax shortfall occurred in a year that witnessed record gun sales nationally and in the Evergreen State. In 2016, there were 713,996 NICS background checks conducted in Washington, whereas the 2015 total was 502,280. Washingtonians were buying plenty of guns in 2016, but as many predicted when the tax was proposed, not in Seattle.

The inaccuracy of City Budget Office’s projections was readily apparent to gun dealers at the time the tax was enacted. Shortly after Burgess proposed the tax, Seattle gun store owner Sergey Solyanik told the Times that he didn’t think the city’s projected revenue was realistic. Solyanik explained that should the tax pass, “I would have almost no margins, so I would pass the tax on to my customers and most people would simply not buy from me… They would go to any of the stores around Seattle — there are a large number — and I would have to close.” Another gun dealer told the Times, “The public won’t buy ammunition in Seattle anymore… When a $10 or $15 box of ammunition costs an extra five bucks, it won’t be worth it.”

In addition to speaking to the press, Solyanik took his concerns about the tax and the foolish revenue projection directly to the city council. On July 15, 2015, Solyanik told the council, “I was horrified when I see the numbers behind this proposal. Seattle is a city that has a vibrant engineering community. We would think that we would be making decisions such as this based on data. And the data that has been submitted by the proponents is completely fake.” Speaking to the council again on the day that it passed the tax, Solyanik warned, “The revenue numbers in this proposal are not real. The city is not going to get any money from this tax. The city instead will lose tax revenue on existing sales.” Solyanik went on to add, “The only real purpose of this legislation is to run gun stores out of the city. I know it, you know it, and the courts will know it.”

In that effort, the city succeeded. Solyanik moved his store outside the city to avoid the tax. According to the Times, the only other dedicated gun store in Seattle has also left. Any honest accounting of the revenue collected from the tax should account for the lost revenue from these stores, and the others whose business has been curtailed by Seattle’s restriction.

Seattle’s high-profile failure has put every other anti-gun locality on notice that this type of taxation scheme is ineffective for raising revenue. Seattle’s embarrassment should make it harder for other localities to hide behind the false claim that these sorts of tax regimes are intended to raise revenue, rather than burden Second Amendment rights.

New Video Shows Good Samaritan Stopping Attack on Deputy

Facebooktwittergoogle_pluspinterestyoutube

 

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.

On Nov. 14, 2016, passerby Ashad Russell saw Edward Strother, 53, of Ocala, pin Deputy First Class Dean Bardes to the ground during a struggle on Exit 123 just off I-75 near Fort Myers. In the new video clips, Russell, who has a concealed weapons permit, can be seen walking up to the two with his pistol. He ordered Strother to stop.

The new video shows that Russell approached the fight, drew his firearm, which he legally possessed, and he ordered the suspect to stop what he was doing multiple times. When the suspect didn’t, the good samaritan shot three times, resulting in Strother’s death.

U.S. Law Shield of Florida Independent Program Attorney James Phillips analyzed the shooting after the event, saying, Florida Statute 790.012 allows a person to use deadly force if he or she reasonably believes such force is needed to either prevent death or great bodily harm that is imminent to either himself or to another person, in this situation the officer.”

Click below to read our initial coverage of the confrontation.
Florida Good Samaritan Analysis: Licensed Carrier Saves Deputy

We also reported that a U.S. Law Shield range affiliate in Florida donated a replacement handgun to Mr. Russell, whose carry gun was taken into evidence. Click the link below to read about Shoot Straight’s generous donation.
Affiliate Update: Shoot Straight Donates Handgun to Florida Man Who Saved Deputy

Do you face legal liability if you try to help someone? Click the headlines below to learn more about what the law allows.
Texas Good Samaritans: What Can You Legally Do?
Should You Protect Thy Neighbor?

A Promise Kept: SOCIAL SECURITY GUN BAN ENDED!

Facebooktwittergoogle_pluspinterestyoutube

Trump Signs Repeal of Obama-Era Social Security Gun Prohibition Rule. Read more…

Source: NRA-ILA

TRUMP

On Tuesday, Feb 28, President Donald J. Trump signed the repeal of an Obama-era Social Security Administration (SSA) rule that would have resulted in some 75,000 law-abiding beneficiaries losing their Second Amendment rights each year.

The SSA rulemaking was issued in the waning weeks of Obama’s presidency and targeted those receiving disability insurance or Supplementary Security Income based on SSA’s listed mental disorders and who were appointed a “representative payee” to help them manage their benefits. The agency — for the first time in its history — sought to portray these individuals as “mental defectives” who were prohibited from acquiring or possessing firearms under federal law. It had planned to notify them of their prohibited status and to report them to NICS.

Making matters worse, the beneficiaries would have had no ability to argue about their suitability to possess firearms before their rights were lost. Instead, they would have been reduced to filing a petition for “restoration” of their rights, an expensive and bureaucratic process that would have required them to pay for a mental health evaluation and to prove they were not dangerous, a premise the government never established in the first place.

The plan drew fire not just from the NRA, but also from the ACLU and a wide range of mental health advocacy and treatment groups from across the political spectrum. Also opposing the plan was the National Council on Disability (NCD), an independent federal agency charged with advising the President, Congress, and other federal agencies regarding policies, programs, practices, and procedures that affect people with disabilities. The NCD issued a statement explaining:

Since the action was first proposed in 2013, NCD has consistently taken the position that equating the need for assistance in managing one’s finances with a false presumption of incapacity in other areas of life, including possession of a firearm, unnecessarily and unreasonably deprives individuals with disabilities of a constitutional right and increases the stigma that [affects] those who may need a representative payee. The overly broad classification of “mental disorder,” includes a wide range of limitations and a shifting set of criteria relevant to whether or not one can engage in substantial gainful activity. NCD remains steadfast in our position that this classification remains irrelevant to the question of whether one can be a responsible gun owner.

The SSA received tens of thousands of comments in opposition to the rule. The NRA-ILA’s submission explained in detail how the rule was contrary to the underlying statute, to the U.S. Constitution and would function mainly to stigmatize the SSA beneficiaries and discourage others from seeking treatment and benefits to which they were entitled. It also argued that there was no empirical support for the notion that the rule would promote public safety.

The SSA, however, ignored the comments and issued the rule essentially as proposed.

It also brazenly brushed aside proffered evidence that the targeted beneficiaries were not at any increased risk for committing violence with firearms. “We are not attempting to imply a connection between mental illness and a propensity for violence, particularly gun violence,” the SSA wrote. “Rather, we are complying with our obligations under the NIAA, which require us to provide information from our records when an individual falls within one of the categories identified in 18 U.S.C. 922(g).”

Fortunately, pro-gun majorities in the U.S. House and U.S. Senate acted quickly to disapprove the rule under the Congressional Review Act, a federal statute that allows Congress to use an expedited legislative process to overrule administrative actions passed in the waning days of an outgoing administration.

The efforts to roll back this unjustified and legally unauthorized rule were predictably met with a withering barrage of negative and fake reporting from the anti-gun media, with supposed “news” outlets issuing such ludicrous headlines as “Senate, House hand guns to seriously mentally ill.” All these reports completely ignored the fact that existing restrictions on persons who had been involuntarily committed or adjudicated mentally incompetent remained fully intact. By acting to block the rule, Congress simply disapproved the Obama administration’s attempt to create a new class of prohibited persons by “reinterpreting” a federal gun control statute passed in 1968.

President Trump’s signing of the measure not only served to help repair the damage to the Second Amendment wrought by the Obama administration, it ushered in what many hope will be a new era of respect for the right to keep and bear arms. Just over a month into his presidency, Trump signed a free-standing pro-gun bill into law.

The NRA, of course, was among the earliest and staunchest supporters of Trump’s presidential bid. We thank him for his quick action on this measure and look forward to working with him and the pro-gun majorities in Congress to protect Americans’ Second Amendment rights.