Congressman Bob Latta (R-Bowling Green) joined his colleagues in approving legislation Thursday to roll back an Obama Administration regulation that infringes on Second Amendment rights. The regulation, which was finalized by the Social Security Administration in December, labels anyone who has a representative payee as "mentally defective" and prohibits them from passing a background check under the National Instant Criminal Background Check System (NICS). There is no evidence that disability beneficiaries that have representative payees are prone to violence. The regulation was panned by both Second Amendment and disability rights groups who said the regulation was discriminatory. The bill, H.J. Res. 40, uses the Congressional Review Act to eliminate the "midnight rule.'
"Like many midnight rules promulgated at the end of the Obama Administration, this one should never have seen the light of day," said Latta. "In fact, this regulation is flat-out discriminatory. There is absolutely no evidence that this rule makes us any safer, and it's blatantly unconstitutional. The Congressional Review Act was put in place for the purpose of eliminating regulations like this one, and this vote upholds Second Amendment rights for all Ohioans."
The Congressional Review Act allows Congress to remove regulations passed in the last 60 legislative days of the previous Administration. The Obama Administration's rule faced criticism by the National Council on Disability, the Consortium for Citizens with Disabilities, and the National Alliance on Mental Illness. Many of these groups stated that the rule stigmatizes individuals seeking help with managing their benefits.