CoalTrain49
Member
Once an allegation of "mental illness" had been made, it would be up to the accused to navigate the labyrinth of the legal and psychiatric professions to prove his fitness to own a gun. This doesn't seem fair, and it's generally not the way we do things here in America. ("Innocent until proven guilty.")
Maybe, based on what you say, we should just follow the example of some European countries and require a positive certification of sanity by a psychiatrist before you can get a gun. (Of course, no psychiatrist is going to stick his neck out and provide such a certification, knowing his legal liability if the gun is misused.)
Innocent until proven guilty
Isn't that the way the back ground check system works now? The only difference is it's based on ones criminal record and some court decisions.
I don't have a criminal record but every time I buy a firearm it costs me $25-$50 to have a dealer run a BC to prove that there is no record that would prevent me from having a firearm. The same thing should happen if a person has demonstrated some capacity to become a threat by conversations in public or on the internet.
I'm not proposing positive certification for everyone. I'm proposing positive certification when a person comes into contact with LE and an arrest is made. At that time an assessment can be made by a state, county or federal appointed psychiatrist about a persons mental state. Once a negative assessment is made that record needs to go to NCIC. None of that happens now because of HIPAA. That's pretty much how a felony conviction or no contact order works now.
About all I hear now is a call to ban semi-auto rifles and high capacity mags. The problem isn't the weapon, it's the people who use them. Many of those people are known to LE yet there isn't any access to that information. The determination needs to be made by a professional and that record needs to be in a data base so a BC can flag it.
If we don't start to identify the source of the problem and correct it there are plenty of people that will do it for us. The simple solution is just to ban semi-auto rifles and high capacity magazines. The lower federal courts have already decided that the states have that right. A bill popped up in our state to do just that this year. If it hadn't died in committee earlier this month we would probably have an AR/mag ban this year because of this latest shooting. I'm sure the bill will be re-introduced next year and it will probably pass.
Somebody is going to lose some more of their rights here. It's looking like 2A supporters are going to lose and the 4A supporters will prevail. There are far more liberal 4A supporters than 2A supporters, that's a fact. The really hard left wouldn't even consider having to give up anything so people can keep semi-auto rifles.
I'm not sure how anyone can be on the fence on this and expect a positive outcome for your right to keep your AR and high capacity magazines. Maybe you'll understand it when an AR/mag ban hits your state. Virginia isn't exactly a conservative state. The 4th circuit has already made it possible for Virginia to ban AR's.
https://www.rollingstone.com/politi...5s-are-not-constitutionally-protected-w468223
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