Millions of Americans Receive Social Security Disability Benefits for Mental Health Conditions
As of 2024, millions of Americans receive Social Security Disability benefits due to mental health conditions such as depression or schizophrenia. Many of these individuals may not be capable of managing money decisions independently and may require a family member to handle their financial decisions.
The Debate on Financial Incompetence and Firearm Ownership
A critical question is whether an inability to manage finances threatens the safety of the beneficiary or others around them. This debate has seen various viewpoints, especially with the changes in administration. In recent years, there has been a push to restrict firearm ownership among Social Security recipients who need assistance managing their finances.
Can you own a gun while on disability?
“Those receiving SSDI benefits for mental impairments are already prohibited from buying a gun under federal law, but they can often pass a background check anyway because their names are not in the FBI’s system.”
Veterans Affairs and Background Check System
The Department of Veterans Affairs has been submitting the names of those declared incompetent to manage their pensions or disability payments to the national background check system. This system checks requests for gun registration permits against a list of individuals prohibited from purchasing firearms, including felons, illegal immigrants, dishonorably discharged veterans, fugitives, and convicted drug addicts.
“According to the SSA, there are currently around 75,000 individuals who have been legally adjudicated to have a mental impairment too severe for them to work, and too severe for them to handle their own money. Legally, this also means that the person is disqualified from gun ownership, possession, or purchase under 18 U.S.C. §922(g)(4)” says Bloomberg Law.
Background Check Requirements for Gun Permits
The national background check system requires anyone wishing to purchase a firearm to have their personal information submitted to ensure they are legally allowed to own a gun. This measure aims to prevent volatile individuals from obtaining firearms.
Controversy Over the System’s Efficacy
While proponents of the rule argue it keeps guns out of the hands of potentially dangerous individuals, opponents claim the system is flawed and prevents stable individuals from exercising their Second Amendment rights. Social Security Disability recipients who believe they have been wrongfully added to the list can appeal, but the process is often slow. Out of nearly 300 appeals, only a small fraction have been granted.
Legal Support for Social Security Disability Recipients
At Newlin Disability, our Social Security Disability team believes 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.
