As of December 2015, more than 3.5 million people were receiving benefits because of a mental disorder, according to Social Security's annual report on the disability insurance program. Not all of them would have been reported to NICS for inclusion in its database ? only those who met certain criteria.

The Obama administration estimated that the reporting requirement would cover "approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent."

Trump opposed the rule, the White House said, because it "could endanger the Second Amendment rights of law abiding citizens." Other critics of the SSA's rule included the National Rifle Association and the American Civil Liberties Union, two groups that are usually on opposite sides on gun-related issues.

In a Feb. 20 blog post, Vania Leveille, ACLU senior legislative counsel, and Susan Mizner, ACLU disability counsel, wrote that the rule was unfair and ineffective. "The thousands of Americans whose disability benefits are managed by someone else range from young people with depression and financial inexperience to older adults with Down syndrome needing help with a limited budget. But no data ? none ? show that these individuals have a propensity for violence in general or gun violence in particular."

The rule included a method for affected individuals to petition for the ability to obtain a gun, provided they could demonstrate that they posed no threat to the public.

And even with the repeal of the reporting requirement, it's possible that some beneficiaries with mental disorders would be reported to the NICS by another agency, Nichols told us by phone.

A total of 47 states have laws requiring or authorizing the reporting of some mentally ill people either to the NICS or a similar state database, according to the Law Center to Prevent Gun Violence. That includes 16 states that require the reporting of individuals who have been "appointed a guardian because they lack the capacity to manage their own affairs."

There is "some overlap" in the reporting, Nichols said, but no one knows how much.

Sources

Las Vegas Sun. "At least 59 dead, 527 injured in mass shooting on Las Vegas Strip." 2 Oct 2017.

"Jimmy Kimmel on Mass Shooting in Las Vegas." YouTube video. 2 Oct 2017.

H.J.Res.40. Public Law No: 115-8. 28 Feb 2017.

Social Security Administration. "Implementation of the NICS Improvement Amendments Act of 2007." Federal Register. 19 Dec 2016.

Social Security Administration. "Annual Statistical Report on the Social Security Disability Insurance Program, 2015." Oct 2016.

Federal Bureau of Investigation. Active Records in the NICS Indices by State. 31 Dec 2016.

Federal Bureau of Investigation. About NICS. Accessed 5 Oct 2017.

Nichols, Lindsay. "Examining the Social Security Administration's Representative Payee Program." Written testimony before the US House of Representatives Social Security Subcommittee to the Committee on Ways and Means. 7 Feb 2017.

NICS Improvement Amendments Act of 2007. Public Law No: 110-180. 8 Jan 2008.

Law Center to Prevent Gun Violence. Mental Health Reporting. Accessed 5 Oct 2017.

Krouse, William, et al. "Gun Control, Mental Incompetency, and Social Security Administration Final Rule." Congressional Research Service. 13 Feb 2017.

Nichols, Lindsay, senior attorney, Americans for Responsible Solutions Foundation and the Law Center to Prevent Gun Violence. Interview with FactCheck.org. 4 Oct 2017.

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