Repeal of the Implementation of the NICS Improvement Amendments Act of 2007

The bill repeals a rule issued by the Social Security Administration that would have required Federal agencies to identify individuals who receive disability insurance benefits under Title II of the Social Security Act or Supplemental Security Income and have been "determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs."

On December 19, 2016, during the Presidential transition of Donald Trump, the Social Security Administration issued the Implementation of the NICS Improvement Amendments Act of 2007 (81 FR 91702).

The rule reads in part: We will identify, on a prospective basis, individuals who receive Disability Insurance benefits under title II of the Social Security Act (Act) or Supplemental Security Income (SSI) payments under title XVI of the Act and who also meet certain other criteria, including an award of benefits based on a finding that the individual's mental impairment meets or medically equals the requirements of section 12.00 of the Listing of Impairments (Listings) and receipt of benefits through a representative payee.

As required by the NIAA, at the commencement of the adjudication process we will also notify individuals, both orally and in writing, of their possible Federal prohibition on possessing or receiving firearms, the consequences of such prohibition, the criminal penalties for violating the Gun Control Act, and the availability of relief from the prohibition on the receipt or possession of firearms imposed by Federal law.The rule would require that the Social Security administration report to the Attorney General recipients found to be disabled in order for them to be added to the National Instant Criminal Background Check System.

Democrats Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota, Joe Manchin of West Virginia, along with Independent Angus King of Maine, joined with all the Republicans in approving the bill.