JimC wrote:Seth wrote:JimC wrote:It's not just about criminals getting guns, it's about their mental stability...
Well, the obvious thing to do then is to deal with criminals and their mental stability issues, not infringe on the rights of the law-abiding and mentally stable, don't you think?
My bad, my post was unclear.
What I meant was that background checks etc. are not all about checking for criminal convictions, but also on issues which may lead the gun owner into a killing spree fuelled by mental health issues. Even allowing for non-criminal, non-mentally impaired Americans* being able to own whatever arms they want, surely there is room for some cleverly imposed restrictions to reduce your chances of gun massacres?
* There must be some, I suppose...

When you say "issues" what do you mean? As it stands those who have been adjudicated as mental defectives by a judge, those who have been involuntarily committed to a mental health institution, those who are habitual drunkards or illegal drug users (which includes pot) are already prohibited from possessing firearms.
Some states submit mental health disqualifications to NICS, some don't because those states know that such records are not only private medical information but that submitting them to the FBI without a court order can violate the patient's right to privacy and his right to keep and bear arms because the brush with which the feds painted the issue of mental health is unconstitutionally vague. Worse, what the "common sense gun control" crowd considers "common sense" isn't just to identify those who are known to have mental issues (which may or may not be violence related and may or may not predispose them to gun violence) it's to require (eventually)
every person who owns or tries to buy a gun to first pass a mental health examination that the gun-banners create.
Their intent is to create a system that will by definition exclude as many people as they can manage to stuff under the umbrella of "mentally ill," regardless of what sort of mental illness it is or how it might or might not create an unreasonable risk to the public if the individual has a gun, that they can manage.
Once they get a vague definition of "mental illness" into the law, it can be expanded and reinterpreted to mean almost anything and thereby deny nearly everyone their RKBA. Ever get drunk at the office Christmas party and end up in the ER? Disqualified for life. Ever have a traumatic event that requires mental health counseling? Disqualified for life. Ever suffer from depression but are successfully treated? Too bad, disqualified for life. Ever get angry at your spouse and yell at her but not hit her where the police were called in? Disqualified for life. Ever abuse your dog? Disqualified for life. Ever get a DUI? Disqualified for life. Ever do a "cry for help" non-violent suicide attempt? Disqualified for life even if it happened as a morose teenager who received treatment and has been mentally healthy for twenty years.
The list goes on and on and on and is entirely mutable once the idea of "mental health" is inserted into the law as a precondition to exercising your fundamental right to keep and bear arms. It's an insidious form of not just prior restraint but wholesale denial of rights based on perceptions and speculations, not on any evidence that the person is likely to go kill other people.
At the moment a judge has to actually declare you to be mentally incompetent pursuant to due process (and a right of appeal) before your gun rights can be denied, which is exactly how it should and must be.
It's simply not acceptable to assume that everyone is insane in one way or another and force them to prove their sanity before they can exercise their fundamental rights. We wait until people actually demonstrate that they are incapable of properly exercising their rights before we take them away, and we only take them away after due process of law has been afforded them.
That, by the way, is why the "No Fly" list is an unconstitutional criteria for denying the RKBA. There are no published criteria for getting on the list, and one can be put on the list at the whim of some politician or bureaucrat without so much as reasonable suspicion much less probable cause, and there is no due process afforded to a person placed on the list. You can't even find out you're on the list until you try to fly and are denied, and there is no avenue of appealing it. People get on the list simply because they happen to have the same name and DOB as some terrorism suspect. Teddy Kennedy himself was on the list and had a hell of a time getting off of it and he was a US Senator.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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