On the recordFebruary 15, 2017
Mr. President, guns kill 36,000 Americans every year. That's nearly 100 Americans every day. To help address this scourge of violent death, Congress enacted the Brady Handgun Violence Prevention Act in 1993. The Brady Act required the Attorney General to establish the National Instant Criminal Background Check System, or NICS, to determine whether Federal law prohibits a potential buyer from getting a gun. Following the Virginia Tech massacre in 2007, which left 33 dead, President George W. Bush signed into law the NICS Improvement Amendments Act to improve the national background check system. The Virginia Tech shooter was able to buy a gun because the background check system did not include information about his mental health. The prohibition on buying a gun now applies to people who, as a result of their mental condition, have been determined to pose a danger to themselves or others or lack the capacity to manage their own affairs. The Social Security Administration proposed its rule to meet the requirements to strengthen the background check system in the 2007 NICS Improvement Amendments Act. The Social Security Administration's rule defined Social Security disability beneficiaries who are have a mental impairment and need another person --known as a ``representative payee''--to handle the receipt of their benefits to fall within the category of those who lack the capacity to manage their own affairs. Importantly, these determinations would be subject to judicial review.…





