OWNING A GUN WHILE ON DISABILITY IS PERMITTED, OR NOT?

 

The Second Amendment protects guns in the U.s. Constitution. Gun control legislation cannot be passed under these conditions. The ability to own a weapon is highly prized in Arizona. About 46.3% of Arizona people have easy access to guns in their homes. Gun collectors may amass a sizable arsenal, numbering in the dozens or even hundreds.

The crucial question of whether or not a pistol is permitted in the hands of someone receiving Social Security disability benefits. There was an attempt to prohibit those with mental health concerns’ access to firearms, but that regulation never went into effect, as far as I know. The Pekas Smith: Arizona Disability Attorneys addresses the issues of disability benefits and the right to carry guns in this piece.

Legally Owning A Weapon While Getting Social Security Disability Payments 

A slew of state and federal criteria must be clarified to get things started. By October 2021, Disability Benefits Insurance will have no restrictions on handgun ownership. (SSDI). In Arizona, your right to keep and bear weapons is unaffected by your receipt of Social Security disability payments.

The right to own a gun is not a condition of receiving Social Security Disability Insurance and Supplemental Security Income (SSI). There is nothing new to report. Because of their criminal records, those receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may be unable to own certain guns (SSI).

Social Security Administration Never Implemented

The link between gun rights and disability compensation is now clouded by federal government reform efforts from a few years ago. In 2016, the Social Security Administration (SSA) proposed new limits on gun ownership and disability benefits based on mental illness.

According to the SSA’s Final Rule, published in December 2016, beneficiaries with mental illnesses must be included in the National Instant Criminal Background Check System. If an applicant is disabled, they may have been refused a weapon because they receive Social Security Disability and Supplemental Security Income (SSI).

Note that this regulation was never implemented. The Social Security Administration (SSA) released the final code only days before Barack Obama left office. Members of Congress and the Trump administration attempted to remove this rule in the first few months of 2017. As a result, nothing has changed regarding gun rights or Social Security disability benefits.

The federal government’s power in this area is still debated. The executive branch and the Social Security Administration may try to limit Second Amendment rights for those receiving disability payments for mental health conditions.

You’re allowed to keep a gun while getting Social Security payments. The Social Security Administration does not have the power to prohibit your right to carry guns. Even if you are approved for disability benefits, the Social Security Administration (SSA) does not notify federal authorities in charge of gun control. A recent bill would have barred particular SSD recipients with mental health issues from owning or possessing firearms, but Congress rejected its implementation.

FINAL THOUGHTS 

Social Security disability benefits such as SSDI and SSI are a high focus at Disability Attorneys because they are easy to get and keep. Individualised, results-oriented legal advice is what you should be looking for. They’re here to help you with your Social Security or Social Security appeals! 

Call them or fill out the online contact form for a free and confidential consultation. The law firm is based in Phoenix, Arizona, but we represent clients from all across the state, including Flagstaff, Mesa, Scottsdale, Sedona, and Tempe.