ASSEMBLY RESOLUTION No. 95

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2018

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Memorializes President and Congress to repeal legislation disapproving federal regulation regarding firearm background checks.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Assembly Resolution memorializing the President and Congress of the United States to repeal Pub. L. 115-8 which disapproved a certain federal regulation regarding firearm background checks.

 

Whereas, In the early days of his Presidency, Donald Trump signed legislation (Pub. L. 115-8) to disapprove a regulation issued in the final months of President Barack Obama's term, the purpose of which was to keep firearms out of the hands of certain people deemed mentally ill; and

Whereas, The regulation required the Social Security Administration to send records of certain beneficiaries with severe mental disabilities to the Federal Bureau of Investigation's National Instant Criminal Background Check System for the purpose of limiting the ability of those with severe mental illness to purchase firearms; and

Whereas, Approximately 75,000 people who were found to have a mental disorder so severe that they are incapable of managing their financial affairs would have been affected, according to recent reports; and

Whereas, It has been reported that after the 2012 school massacre in Newtown, Connecticut, President Obama directed the Justice Department to provide guidance to agencies regarding information that they are obligated to report to the background check system; and

Whereas, On December 19, 2016, the Social Security Administration issued a final rule, which was disapproved by Pub. L. 115-8, providing when the names of beneficiaries are required to be forwarded to the database that federally licensed gun dealers consult before selling a firearm; and

Whereas, In Newtown, Connecticut, 20 children and six educators were shot to death when a gunman entered the Sandy Hook Elementary School on December 14, 2012 after he killed his mother inside their home using a gun and ammunition she had purchased, and the gunman's mental health problems have been extensively reported since the shooting; and

Whereas, According to supporters of the regulation, the regulation is necessary to keep guns away from people with mental disorders, and there are concerns that the disapproval of this regulation by Pub. L. 115-8 may lead to more gun violence; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.  This House memorializes the President and Congress of the United States to enact legislation to repeal Pub. L. 115-8, which disapproved the regulation that required the Social Security Administration to send records of certain beneficiaries with severe mental disabilities to the Federal Bureau of Investigation's National Instant Criminal Background Check System.

 

     2.  Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President and Vice President of the United States; the Majority and Minority Leader of the United States Senate; the Speaker and Minority Leader of the United States House of Representatives; and every member of Congress elected from this State.

 

 

STATEMENT

 

     This Assembly resolution memorializes the President and Congress of the United States to repeal Pub. L. 115-8, which disapproved a certain federal regulation regarding firearms background checks.

     In the early days of his Presidency, Donald Trump signed legislation to disapprove a regulation issued in the final months of President Barack Obama's term, the purpose of which was to keep firearms out of the hands of certain people deemed mentally ill.  The regulation required the Social Security Administration to send records of certain beneficiaries with severe mental disabilities to the Federal Bureau of Investigation's National Instant Criminal Background Check System for the purpose of limiting the ability of those with mental illness to purchase firearms.

     It has been reported that after the 2012 school massacre in Newtown, Connecticut, President Obama directed the Justice Department to provide guidance to agencies regarding information that they are obligated to report to the background check system.  On December 19, 2016, the Social Security Administration issued a final rule that provides when the names of beneficiaries are required to be forwarded to the database that federally licensed gun dealers consult before selling a firearm.

     In Newtown, Connecticut, 20 children and six educators were shot to death when a gunman entered the Sandy Hook Elementary School on December 14, 2012 after he killed his mother inside their home using a gun and ammunition she had purchased.  The gunman's mental health problems have been extensively reported since the shooting.

     According to supporters of the regulation, the regulation was needed to keep guns away from people with mental disorders, and there are concerns that the disapproval of the regulation may lead to more gun violence.