Earlier this month, the House voted along party lines to approve the resolution, which now heads to President Donald Trump's desk for his signature.
The Obama rule holds that the Social Security Administration must report anyone who requires third-party assistance to manage their Social Security benefits is placed on the National Instant Criminal Background Check System, or NICS. Gun violence groups like The Brady Campaign, named after former White House Press Secretary James Brady who was shot and wounded in an assassination attempt on President Ronald Reagan, fought the repeal.
By voice vote, the Senate agreed on a motion to proceed to the resolution, potentially setting up a vote for final passage later Tuesday.
Sen. Charles Grassley, R-Iowa, chairman of the Senate Judiciary Committee, said the regulation issued by the Obama administration was too vague. If the regulation is not repealed, it will allow the agency to unfairly deprive Social Security recipients of their Second Amendment rights.
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"The Second Amendment, as a fundamental right, requires the government to carry the burden to show a person has unsafe mental illness", he said. "Even the American Civil Liberties union opposed Obama's overreaching restriction".
"This law was passed unanimously by Congress after the Virginia Tech massacre and signed into law in 2008 by President George W. Bush", said Durbin.
And according to Oregon Democrat, Senator Ron Wyden, the issue is not about constitutional rights, it's about background checks: "As the courts continue to interpret the language of the Second Amendment, one matter has been made clear".
The U.S. Senate on Wednesday approved a rollback of a rule preventing some receivers of Social Security disability benefits from purchasing guns.