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darkangel218

(13,985 posts)
Thu Apr 3, 2014, 04:50 AM Apr 2014

People suffering from severe depression should be banned from purchasing/carrying guns

At least until their condition has been resolved.

I'm sorry, I support the second amendment. I just do not think firearms should be so readily available to just about anyone.

We do backgrounds for criminal activity, but do not care about the aplicant's mental state? That doesn't make much sense.

I hope things will change in the future. We can't afford losing so many innocent lives due to lax and careless gun control laws.

D.

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People suffering from severe depression should be banned from purchasing/carrying guns (Original Post) darkangel218 Apr 2014 OP
Would you agree to having your medical records released loyalsister Apr 2014 #1
+1000 a la izquierda Apr 2014 #9
People should only lug guns around in public if they establish a need Kolesar Apr 2014 #14
So the local police should have access to your medical records? hack89 Apr 2014 #24
A teenager died. Kolesar Apr 2014 #33
So cops should have unlimited discretion to restrict civil liberties? hack89 Apr 2014 #54
local police already do have 'discretion' that they abuse to bypass our 'civil liberties' Sunlei Apr 2014 #115
These threads always bring out the authoritarians hack89 Apr 2014 #116
You and your buddy have already deflected the discussion Kolesar Apr 2014 #147
I directly addressed a point that YOU brought up hack89 Apr 2014 #150
I have a mental illness passiveporcupine Apr 2014 #224
Only a judge can restrict a civil liberty hack89 Apr 2014 #225
That may be part of the problem then passiveporcupine Apr 2014 #229
Taking away civil rights should be very hard hack89 Apr 2014 #230
There are a few of them posing as Democrats here warrant46 Apr 2014 #194
Your "may issue" carry permit system exists in several states and cities. ... spin Apr 2014 #165
I am fine with that - as public safety is at stake DrDan Apr 2014 #81
The cry to "public safety" is wearing pretty thin... Hip_Flask Apr 2014 #170
as is the cry for more guns . . . everywhere . . . for everyone DrDan Apr 2014 #221
They don't need to be released to accomplish that. Lizzie Poppet Apr 2014 #99
Who decides what is a disqualifying condition? loyalsister Apr 2014 #119
I dont have the answer to that. darkangel218 Apr 2014 #125
Get out of the middle east would be a start warrant46 Apr 2014 #196
That seems like a psychiatric matter as much or more than a legal one. Lizzie Poppet Apr 2014 #126
NICS = National Instant CRIMINAL background Check. The ill are not DE FACTO criminals HereSince1628 Apr 2014 #121
The database can incorporate that differentiation. Lizzie Poppet Apr 2014 #124
It COULD but it DOESN'T HereSince1628 Apr 2014 #142
Agreed. You couldn't just dump that data into it w/o significant changes. Lizzie Poppet Apr 2014 #155
I was denied a teaching position because my 'record' included a misdiagnosis. HereSince1628 Apr 2014 #156
Actually they don't have to release all the records Marrah_G Apr 2014 #106
in some cases Doctors are required to release medical records to authorities. Sunlei Apr 2014 #113
Someone would have to agree to that KamaAina Apr 2014 #128
If a doctor writes a prescription for anti-depressants louis-t Apr 2014 #228
Agreed malaise Apr 2014 #2
Oh no, gun folks say we must wait until something criminal happens. Hoyt Apr 2014 #3
No, that would be SCOTUS pipoman Apr 2014 #60
So you agree with safeinOhio Apr 2014 #63
It has been case law for decades pipoman Apr 2014 #72
For over 200 years safeinOhio Apr 2014 #73
Wrong pipoman Apr 2014 #78
The individual right to own a firearm safeinOhio Apr 2014 #105
Wrong again, pipoman Apr 2014 #110
That might be wishful thinking for some. safeinOhio Apr 2014 #130
From cornell.law.edu safeinOhio Apr 2014 #132
Keeping in mind that the Miller decision pipoman Apr 2014 #160
I'll keep that in mind. safeinOhio Apr 2014 #162
Fantasy pipoman Apr 2014 #178
History is your friend pipoman Apr 2014 #161
1936 law on safeinOhio Apr 2014 #163
No thats not what it said. beevul Apr 2014 #167
You are a irrational as any pro-gun poster! No logic, just whining! nt Logical Apr 2014 #134
And you love your gunz, to society's detriment. Hoyt Apr 2014 #135
Post a link! And I have dozens where I tear the NRA apart. You.... Logical Apr 2014 #140
The last thing we need is another reason to stop people from seeking mental health care NutmegYankee Apr 2014 #4
I agree. This is a very bad idea. LuvNewcastle Apr 2014 #5
I Strongly agree Tribalceltic Apr 2014 #7
I am on the anti-depressant Merry go round. a la izquierda Apr 2014 #11
I'm glad you're doing much better. LuvNewcastle Apr 2014 #28
So very pipi_k Apr 2014 #107
+10000 YoungDemCA Apr 2014 #143
Exactly. HuckleB Apr 2014 #153
Also, if there's one thing we still need to learn .. ananda Apr 2014 #6
+1 n/t Alkene Apr 2014 #16
I agree with you about the US mental health system not being good davidpdx Apr 2014 #18
Just a very stupid statement. Medication works for many, probably most HERVEPA Apr 2014 #30
My child would have been dead without them. DebJ Apr 2014 #79
Mine too... pipi_k Apr 2014 #120
Ridiculous. Sorry that in your case it is not true. bettyellen Apr 2014 #109
"Off my meds" I'm an invisible homeless guy. hunter Apr 2014 #111
maybe they didn't work for you fizzgig Apr 2014 #114
Properly prescribed and managed by a competent health professional, Blue_Tires Apr 2014 #157
so very correct nt steve2470 Apr 2014 #231
I wish Dorian Gray Apr 2014 #8
Hmmm Jeneral2885 Apr 2014 #12
Just the rich? yeoman6987 Apr 2014 #57
only for those that want to own a gun - I have no problem with that DrDan Apr 2014 #82
Not really darkangel218 Apr 2014 #83
What Primary Care Provider? oldhippie Apr 2014 #92
So you think doing nothing is better than doing something? darkangel218 Apr 2014 #93
In many cases, yes ..... oldhippie Apr 2014 #103
Down below she says that limiting the voting rights of people w/depression is "good point" Heddi Apr 2014 #200
What if the doctor always says no because he really hates guns? hack89 Apr 2014 #108
How do you check Jeneral2885 Apr 2014 #10
yes how DustyJoe Apr 2014 #22
Yes documents can be falsified. darkangel218 Apr 2014 #84
What's the point of checking? Mental health status is dynamic. It changes HereSince1628 Apr 2014 #98
Ok. How do we know and second what happens when they buy a gun and are depressed later? The Straight Story Apr 2014 #13
Very true, and mostly overlooked HereSince1628 Apr 2014 #100
Gun Control and mental health (see #2) Sancho Apr 2014 #15
... pipoman Apr 2014 #20
I remember reactions like this... Sancho Apr 2014 #34
Not legal nor possible at the federal level pipoman Apr 2014 #41
Who said it has to be a federal law...tell me who has a driver's license without a vision test??? Sancho Apr 2014 #168
You do know driving isn't constitutionally protected? pipoman Apr 2014 #179
My suggestion is constitutional....you have a carry permit don't you? Sancho Apr 2014 #185
No a diagnosis does not equal due process of law... pipoman Apr 2014 #187
"Not debating the legal language." Like the 5th? Eleanors38 Apr 2014 #29
It's obvious that the legal language could be crafted if folks wanted to... Sancho Apr 2014 #31
No....I think the problem comes in here: The Straight Story Apr 2014 #37
I used to live in Alaska, and in past years I was a mental health professional. Sancho Apr 2014 #61
Ok, give me some examples of questions you would ask in screening someone (nt) The Straight Story Apr 2014 #64
That's simple, but I'm not going to pretend to be a current expert. Sancho Apr 2014 #70
Would that license also permit public carry? N/T beevul Apr 2014 #169
A public carry permit is really a license... Sancho Apr 2014 #171
You're missing the point. beevul Apr 2014 #173
lol pipoman Apr 2014 #43
no..it's a problem already solved.... Sancho Apr 2014 #55
What percentage of people with TB pipoman Apr 2014 #58
Again, you're missing the point.... Sancho Apr 2014 #66
States can, feds can't.. pipoman Apr 2014 #69
Case law on licensing? Is your driver's license ok in more than one state? Sancho Apr 2014 #88
The 5th underwrites All laws affecting ones rights. Eleanors38 Apr 2014 #44
A license is a reasonable way to protect the public... Sancho Apr 2014 #91
How about a license for voting? NutmegYankee Apr 2014 #188
We have that now…it's called voter registration…. Sancho Apr 2014 #192
Fail - voter registration is not a license. Try again. NutmegYankee Apr 2014 #195
I'm not going to reply to most of these points tolkien90 Apr 2014 #159
Insurance for gun ownership has been completely discredited. NutmegYankee Apr 2014 #189
Short sightedness pipoman Apr 2014 #17
The problem would be privacy laws davidpdx Apr 2014 #19
cue gun humpers attacking your op in 5,4,3,2,1 Nanjing to Seoul Apr 2014 #21
Castle Bansalot is the dissent free zone hack89 Apr 2014 #26
I think they just pintobean Apr 2014 #47
Que the shortsighted and legally challenged idealists... pipoman Apr 2014 #45
This OP still supports the 2nd Amendment YoungDemCA Apr 2014 #144
This would have been really witty... egduj Apr 2014 #152
living 8000 miles away and 15 time zones makes punctual responses a bit hard Nanjing to Seoul Apr 2014 #215
Ah, so people supporting the 4th Amendment and Medical privacy are gun humpers? NutmegYankee Apr 2014 #191
We have the 5th Anendment which guarantees due process... Eleanors38 Apr 2014 #23
Hey...you are breaking the rules of outrage...no legal facts allowed here... pipoman Apr 2014 #59
Don't forget the 14th HereSince1628 Apr 2014 #67
Yep. W/out 14A the Civil Rights Movement would have been handicapped. Eleanors38 Apr 2014 #131
Thought police. Android3.14 Apr 2014 #25
Illinois had a firearms owner I.D. (FOID) for yrs... Eleanors38 Apr 2014 #36
Jim crow burden? Android3.14 Apr 2014 #117
Are those taxes (and postal rates) higher than for other Eleanors38 Apr 2014 #129
So you support a national data base of mental health patients? Nt hack89 Apr 2014 #27
It's tricky, so there should be a bias against gun-lugging in any "permit application" Kolesar Apr 2014 #35
Of course the only people who need self defense are those who pipoman Apr 2014 #48
The beauty of civil rights is that you never have to justify exercising them to the government. hack89 Apr 2014 #56
Not sure this would work anyway as there are many people suffering from depression maddezmom Apr 2014 #32
People aren't born with depression...it is a condition that can begin at any time and it goes away HereSince1628 Apr 2014 #38
Thank you for this post maddezmom Apr 2014 #40
How about we make mental health available to anyone anytime? geckosfeet Apr 2014 #39
Sounds good, but most people with resources don't seek clinical help for mental illness HereSince1628 Apr 2014 #50
Yes - the stigma must be removed. This is especially prevalent in the military. geckosfeet Apr 2014 #51
People suffering from severe depression should be banned from purchasing/carrying guns... sweetapogee Apr 2014 #42
Was "marijuana" dropped as a disqualifier from 4473 Eleanors38 Apr 2014 #49
google the form, sweetapogee Apr 2014 #52
.. pipoman Apr 2014 #53
maybe sweetapogee Apr 2014 #65
I have advocated investigation of NICS denials for years pipoman Apr 2014 #75
That would mean that the 90% of gun-hugers who are depressed because Obama is President kelliekat44 Apr 2014 #46
There does need to be a better mechanism for separating guns from people who are a danger... aikoaiko Apr 2014 #62
I agree. darkangel218 Apr 2014 #86
But, that's a pipedream. The American Psychological Association says there isn't a way to do it. HereSince1628 Apr 2014 #101
Came across this a bit ago here on the local news: The Straight Story Apr 2014 #68
Nonsense pipoman Apr 2014 #71
this post sweetapogee Apr 2014 #74
It is related in that The Straight Story Apr 2014 #76
except... sweetapogee Apr 2014 #85
Hey, Gun Enthusiasts! Never mind all this! Paladin Apr 2014 #77
Why? Nt hack89 Apr 2014 #226
well, this has brought out the usual suspects. But don't ask them what we can do about CTyankee Apr 2014 #80
Typically in a military situation if the Command knows giftedgirl77 Apr 2014 #87
There's a valid issue here- mental health and guns can lead to tragedy. KittyWampus Apr 2014 #89
2 things HereSince1628 Apr 2014 #104
i think "Violence Culture" is the main problem. Canadians have a lot of guns, probably not as many dionysus Apr 2014 #133
It's much easier for the mainstream to blame certain individuals or groups YoungDemCA Apr 2014 #146
I move to go further than this. Vashta Nerada Apr 2014 #90
Or vote, they make the wrong choice. Or have 4A rights, they may be hiding something dangerous. Nuclear Unicorn Apr 2014 #158
So you believe that people who are mentally disturbed should own guns! Vashta Nerada Apr 2014 #166
You said you want them permanently disqualified. Nuclear Unicorn Apr 2014 #182
Absolutely. Vashta Nerada Apr 2014 #184
Then we should also permanently do away with their 4A rights. Nuclear Unicorn Apr 2014 #201
I don't know how you arrived to that conclusion. Vashta Nerada Apr 2014 #217
I see your point, but... pipi_k Apr 2014 #94
Yep...not surprising... Sancho Apr 2014 #95
If you are hospitalized for certain mental disorders in California. . . BigDemVoter Apr 2014 #96
I think people with testesterone should be banned from purchasing guns. NCTraveler Apr 2014 #97
So everyone, then? n/t hughee99 Apr 2014 #123
everyone should be banned from purchasing/carrying guns bowens43 Apr 2014 #102
Doctors will tell depressed people not to have guns around, of course any background requirement Sunlei Apr 2014 #112
probably should ban them from flying planes too. To many side effects from the medications. Sunlei Apr 2014 #118
Never forget just wanting a firearm is the first sign ileus Apr 2014 #122
It is definitely a sign of anti-social behavior. When one covets multiple weapons, and Hoyt Apr 2014 #137
Thanks...I knew you'd have my back. ileus Apr 2014 #138
A government database of medical records, what could go wrong with that? tammywammy Apr 2014 #127
Let's say it like it is...a government CRIMINAL database that adds people due to illness. HereSince1628 Apr 2014 #136
Yep. tammywammy Apr 2014 #139
Especially considering how pervasive mental illness is in our society YoungDemCA Apr 2014 #145
Glad to see you still said "I support the Second Amendment"... YoungDemCA Apr 2014 #141
You are wrong to think my intention was to stigmatize anyone. darkangel218 Apr 2014 #164
Message auto-removed Name removed Apr 2014 #186
Message auto-removed Name removed Apr 2014 #148
Hey library girl! hrmjustin Apr 2014 #149
How about people who have been observed acting erratically under the influence of alcohol? Heidi Apr 2014 #151
No chance- older vets with dementia LynnTTT Apr 2014 #154
I have not read this entire thread but.................... steve2470 Apr 2014 #172
Are you sure about that? darkangel218 Apr 2014 #175
two different animals steve2470 Apr 2014 #176
Oh, really? How about producing federal surveillance numbers to back that up HereSince1628 Apr 2014 #177
i think YOU need to read more about it, frankly. dionysus Apr 2014 #199
There is substantial evidence BainsBane Apr 2014 #232
Except in the for-profit war machine wherein it's a prerequisite Corruption Inc Apr 2014 #174
Should people suffering from severe depression be allowed to vote? ( n/t ) Make7 Apr 2014 #180
Good point. darkangel218 Apr 2014 #183
The answer is that public safety is not threatened immediately by the vote... CTyankee Apr 2014 #193
You don't know if people who are depressed should be allowed to vote? Heddi Apr 2014 #198
First 0-7 Leave I've been on. Sissyk Apr 2014 #210
Go after the ammo. deathrind Apr 2014 #181
Medical confidentiality laws make that problematic. Kaleva Apr 2014 #190
One would think that all your Nursing School training would educated you on mental illness Heddi Apr 2014 #197
Are you ever going to stop your personal attacks and have an honest conversation? darkangel218 Apr 2014 #202
Are you ever going to address the points I bring up when i counter your nonsense? Heddi Apr 2014 #205
You just fuking called me a bigot a sentence down. darkangel218 Apr 2014 #208
I said your views towards the mentally ill were bigoted and ill-informed Heddi Apr 2014 #212
Your continual personal attacks against me are disgusting. darkangel218 Apr 2014 #206
Post the stats if you're so sure of them. I am in healthcare and I am much more aware of the reality Heddi Apr 2014 #218
Low information types should be banned from posting nonsense. idendoit Apr 2014 #203
Tell that to the famillies of those who lkst their life. darkangel218 Apr 2014 #204
Tell that to all the non violent people with a mental illness diagnosis. idendoit Apr 2014 #211
Its not a basic right anymore to someone who cant discern the right from wrong. darkangel218 Apr 2014 #214
What qualifies you to say a person with mental illness can't discern right from wrong? idendoit Apr 2014 #216
She also isn't sure if people with depression should be allowed to vote Heddi Apr 2014 #219
Thank you. idendoit Apr 2014 #220
People who support the second amendment should be put on severe medication until the condition XRubicon Apr 2014 #207
Haha! funny darkangel218 Apr 2014 #209
Fuck yeah! Make a mood ring the trigger lock! That'll work! TransitJohn Apr 2014 #213
I read your OP last night right after you posted it. pacalo Apr 2014 #222
Message auto-removed Name removed Apr 2014 #223
Again with the unsubstantiated stigma-inducing idea phil89 Apr 2014 #227

loyalsister

(13,390 posts)
1. Would you agree to having your medical records released
Thu Apr 3, 2014, 05:23 AM
Apr 2014

to prove that you do not\never have had any kind of mental condition?

Kolesar

(31,182 posts)
14. People should only lug guns around in public if they establish a need
Thu Apr 3, 2014, 06:32 AM
Apr 2014

It should be a permit system. Local police who know that a dangerous creep is applying should be able to deny the permit.

A man in my town used to get drunk and claim he had enough guns to take on the Chester Police Dept. He murdered somebody and got a long stretch in the Ohio pen. All that was in the newspaper, btw

hack89

(39,181 posts)
24. So the local police should have access to your medical records?
Thu Apr 3, 2014, 06:57 AM
Apr 2014

Or are you happy with them going with their gut feelings? What if your affliction is a dark skin or a "non-traditional" sexual orientation? Do you trust the police to put aside their personal prejudices?

Kolesar

(31,182 posts)
33. A teenager died.
Thu Apr 3, 2014, 07:23 AM
Apr 2014

That particular gun nut killed the kid in his house. He claimed he was too drunk to remember what happened

hack89

(39,181 posts)
54. So cops should have unlimited discretion to restrict civil liberties?
Thu Apr 3, 2014, 08:08 AM
Apr 2014

what is wrong with due process?

Sunlei

(22,651 posts)
115. local police already do have 'discretion' that they abuse to bypass our 'civil liberties'
Thu Apr 3, 2014, 11:30 AM
Apr 2014

'I smell marijuana' is one famous discretion call

hack89

(39,181 posts)
116. These threads always bring out the authoritarians
Thu Apr 3, 2014, 11:34 AM
Apr 2014

that are willing to trust the cops to protect our civil rights. The disconnect is jarring at times - they will vehemently condemn stop and frisk because they don't trust the cops to be unbiased and then turn around and say that the cops should be able to prevent people from getting guns because they know whether a person is a good guy or not.

Kolesar

(31,182 posts)
147. You and your buddy have already deflected the discussion
Thu Apr 3, 2014, 01:15 PM
Apr 2014

Have a fun time doing more of this stuff on the internet today.

hack89

(39,181 posts)
150. I directly addressed a point that YOU brought up
Thu Apr 3, 2014, 01:27 PM
Apr 2014

you are the one that wants to give cops the power to prevent people from buying guns. If you don't want to face the implications of your point of view then the problem is yours, not mine.

passiveporcupine

(8,175 posts)
224. I have a mental illness
Fri Apr 4, 2014, 04:40 PM
Apr 2014

I suffer from chronic depression and I have tried to commit suicide. If I'd have a gun, I probably wouldn't be here today. I have no problem with seriously depressed individuals not having access to guns. But the cops should not be the ones who have access to our medical records. If a psychiatrist or therapist decides someone is in danger or dangerous to others, it should be their responsibility to inform the police to remove weapons from that person until they are deemed "safe". Just because you are depressed does not mean you would use a weapon against someone else (although some will)...but you might use it against yourself. I know there are other ways. I tried pills, because I don't have a gun.

So I have no problem with this discussion about guns and mental health, as it seems we have too many people with mental issues running around with guns and killing people.

We either remove the guns (which I'm thinking may never happen in this country) or we limit who gets to have one. And only a mental health expert should have the right to do that.

Lots of people with mental issues are perfectly safe with a gun, and there should not be a law that says mental health means no guns.

hack89

(39,181 posts)
225. Only a judge can restrict a civil liberty
Fri Apr 4, 2014, 06:43 PM
Apr 2014

Police and doctors can give their inputs but only a judge in a courtroom can make the decision.

passiveporcupine

(8,175 posts)
229. That may be part of the problem then
Fri Apr 4, 2014, 09:32 PM
Apr 2014

Holmes saw a psychiatrist at his school and she was worried about his mental health...but she never took it before a judge.

How do we fix that? I'm not sure a judge should be required in all cases...it seems to be a stumbling block in alerting to new dangers.

warrant46

(2,205 posts)
194. There are a few of them posing as Democrats here
Thu Apr 3, 2014, 05:56 PM
Apr 2014

A good percent of combat Vets couldn't go squirrel hunting. (PTSD etc)

But then these clowns who want to ban guns want the amerikan stasi police to call the shots ---that's progressive

spin

(17,493 posts)
165. Your "may issue" carry permit system exists in several states and cities. ...
Thu Apr 3, 2014, 02:49 PM
Apr 2014

The major problem with the system is that it can lead to favoritism and/or discrimination. If you are a close friend of the local sheriff, one of his prime donors, rich or famous; you will have a far better chance of getting a carry permit than the average citizen.

You also suggest that in order to get a carry permit you should have to have a good reason.

My daughter once attracted the attentions of a stalker who had a police record of violence and drunkenness. She got a restraining order against this individual but he merely laughed at it and continued to follow her frequently. She often notified the local police but they insisted they would have to actually observe the violation before they could arrest him.

Under your system she would have had good reason to get a carry permit. Unfortunately she would have had to take a concealed weapons class and filed the paperwork. She might have got the permit in several months if she was lucky.

However my daughter already had a carry permit. While the guy approached her within arms reach several times, he never physically attacked her. Consequently she wisely never flashed her legally concealed weapon to discourage him which might have been considered illegal by the authorities.

My daughter merely viewed her stalker as a considerable pain in the ass. He probably enjoyed believing that he was terrorizing her. He also was busy stalking one of my daughter's friends who was scared to death of him. My daughter's friend was even afraid to get a restraining order against this man as she feared it might make him violent. Fortunately for her, she often spent several months at a time in Puerto Rico running a business she was part owner of.

The stalker was eventually arrested. I was a witness to the violation of the restraining order and appeared in court to testify against him. He had to spend five weekends in the local lockup which probably interfered with his drinking hobby. The judge warned him that if he was arrested again, he would spend a year in jail. He never violated the restraining order after.

The bottom line is that if we had been living in a "may issue" state, it is quite possible that my daughter would not have had a carry permit as she had no real reason to have one prior to being stalked. My daughter also was not real popular with the local elected officials as she used to attend the monthly meetings at the city hall and oppose their policies. Many people in our area tried to convince her to run for office. The people who run the small town we live in oppose any and all change.



DrDan

(20,411 posts)
81. I am fine with that - as public safety is at stake
Thu Apr 3, 2014, 09:23 AM
Apr 2014

you want to own a gun - then you show you are mentally competent to do so

 

Hip_Flask

(233 posts)
170. The cry to "public safety" is wearing pretty thin...
Thu Apr 3, 2014, 03:29 PM
Apr 2014

For reference please see the last 14 years... and beyond...

Next step is to claim that it's all "for the good of the children..."

 

Lizzie Poppet

(10,164 posts)
99. They don't need to be released to accomplish that.
Thu Apr 3, 2014, 09:58 AM
Apr 2014

Not "released" in the sense of being made available to any human agency, anyway. Records indicating a disqualifying condition could be made accessible to the NICS database, and the only thing anyone who's part of the potential purchase (or issuance of a CCW permit, etc.) process would know is "yes" or "no."

I'm a gun rights advocate, too (not always the most comfortable thing to be here), and I have no problem with expanding the mental-health-based criteria for disqualification.

loyalsister

(13,390 posts)
119. Who decides what is a disqualifying condition?
Thu Apr 3, 2014, 11:45 AM
Apr 2014

What is a disqualifying condition?
Alcoholism? A history of alcoholism? A history of episodic grief triggered depression? Post partum depression with a suicide attempt......
Or the hysteria inspiring Autism spectrum?

 

darkangel218

(13,985 posts)
125. I dont have the answer to that.
Thu Apr 3, 2014, 12:11 PM
Apr 2014

Probably in the end it won't work. I just wish there would be something we could do to stop those mass murders.

 

Lizzie Poppet

(10,164 posts)
126. That seems like a psychiatric matter as much or more than a legal one.
Thu Apr 3, 2014, 12:15 PM
Apr 2014

I'd think that the determination of disqualifying conditions would fall to psychiatrists and possibly criminologists (and lawyers, since it would result in federal and/or local law). It's a complex matter, and I'm sure there is disagreement within each field, but I think a panel with the above expertise could craft a list that had solid scientific support.

HereSince1628

(36,063 posts)
121. NICS = National Instant CRIMINAL background Check. The ill are not DE FACTO criminals
Thu Apr 3, 2014, 11:54 AM
Apr 2014

With the current federal push toward inter-agency cooperation and database sharing, what could go wrong with placing a person in a criminal database just because they were sick????

 

Lizzie Poppet

(10,164 posts)
124. The database can incorporate that differentiation.
Thu Apr 3, 2014, 12:10 PM
Apr 2014

It can do so in a secure manner, as well. These are easily surmounted IT challenges, really...

But if there is enough objection to using the NICS database for this purpose, then a separate database for disqualifying conditions could be established. To me, that seems like an enormous waste of resources, and someone capable of overcoming data security measures within the NICS database wouldn't find it much more of a problem to get into this separate database...but whatever.

I don't disagree that associating the mentally ill with criminals isn't something that has to be avoided, and that there will be matters of data security to address (just like there already are with medical records, and an entire industry exists to address that specific challenge). But I think this is an effort worth making.

HereSince1628

(36,063 posts)
142. It COULD but it DOESN'T
Thu Apr 3, 2014, 12:50 PM
Apr 2014

I think that should be a cause for slowing down and pondering that point.

Imagine a woman denied FOREVER a job teaching, because her name is included on a CRIMINAL background check because she had post-partum depression.

If you can grasp that. You can grasp the HUGE injustice that will follow calling people criminals for having depression...that usually resolves in 3 months.

 

Lizzie Poppet

(10,164 posts)
155. Agreed. You couldn't just dump that data into it w/o significant changes.
Thu Apr 3, 2014, 01:42 PM
Apr 2014

As already stated, it would require a not-insignificant restructuring of the database. It would require extremely secure data "compartmentalization" of the sort that is already in place in the EMR (electronic medical records) world.

And also as already stated, these are very well-known IT security issues for which an entire very capable specialist industry exists. It would be a lot of work, but it work people know how to do.

HereSince1628

(36,063 posts)
156. I was denied a teaching position because my 'record' included a misdiagnosis.
Thu Apr 3, 2014, 01:46 PM
Apr 2014

I suppose one could parse the meaning of misdiagnosis. I will say I was denied a potions because my name appeared on a detention which was withdrawn withing 12 hours.

I have personal experience with the reality that 'the system' is not capable of keeping up with reality.

Marrah_G

(28,581 posts)
106. Actually they don't have to release all the records
Thu Apr 3, 2014, 10:52 AM
Apr 2014

They can run a script check and a Medical Information Background check. These reports can flag people with issues without divulging all their records.

Sunlei

(22,651 posts)
113. in some cases Doctors are required to release medical records to authorities.
Thu Apr 3, 2014, 11:26 AM
Apr 2014

Don't think Doctors would have any problem at all with informing some agency of mental conditions if 'required' by law.

I remember reading recently the military also disarms Vets for some medical conditions.

 

KamaAina

(78,249 posts)
128. Someone would have to agree to that
Thu Apr 3, 2014, 12:17 PM
Apr 2014

unauthorized release of medical records is a violation of HIPAA, the Health Insurance Privacy and Portability Act,

louis-t

(24,618 posts)
228. If a doctor writes a prescription for anti-depressants
Fri Apr 4, 2014, 08:02 PM
Apr 2014

it should be reported to a database and that person should NOT be allowed to walk into a store and buy a gun. Sorry. I know the gun lovers' solution is more guns so someone can shoot the mentally disturbed person when they shoot up a theater, but that doesn't solve anything.

Flame away, I'm going home now.

 

Hoyt

(54,770 posts)
3. Oh no, gun folks say we must wait until something criminal happens.
Thu Apr 3, 2014, 05:31 AM
Apr 2014

Price we are supposed to pay to keep folks in guns, and we have to let them walk around with them.

 

pipoman

(16,038 posts)
78. Wrong
Thu Apr 3, 2014, 09:18 AM
Apr 2014

For the first 100+ years all rights were completely restored after someone "paid their debt to society" to the point of returning their guns upon release from custody. It wasn't until laws were established that permanently removed certain rights after a conviction that SCOTUS became involved.

safeinOhio

(37,651 posts)
105. The individual right to own a firearm
Thu Apr 3, 2014, 10:24 AM
Apr 2014

was not up held by the courts until 2008. Before that, for over 200 years, it was not.

 

pipoman

(16,038 posts)
110. Wrong again,
Thu Apr 3, 2014, 11:17 AM
Apr 2014

It was affirmed in 2008. It has been considered an individual right since the founding until wishful thinkers began to question it in the 20th century. Then SCOTUS avoided answering for a few decades until they could no longer avoid it.

safeinOhio

(37,651 posts)
130. That might be wishful thinking for some.
Thu Apr 3, 2014, 12:22 PM
Apr 2014

For many, or even most, up until then it was considered a right for a well regulated militias, not an individual right on the Federal level.

safeinOhio

(37,651 posts)
132. From cornell.law.edu
Thu Apr 3, 2014, 12:32 PM
Apr 2014


Wex
ALL PAGESARTICLESESPAÑOLINBOX PROJECTSEARCHFAQ
SECOND AMENDMENT

The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Such language has created considerable debate regarding the Amendment's intended scope. On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States. Under this "individual right theory," the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language "a well regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense. Scholars have come to call this theory "the collective rights theory." A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

In 1939 the U.S. Supreme Court considered the matter in United States v. Miller. 307 U.S. 174. The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . ." The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military.

This precedent stood for nearly 70 years when in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290).


So, in 1939 the court said it was a collective right not an individual right and that held up until 2008. So, the court didn't duck the issue as you state in 1939.

Of course you are in titled to your own, or the NRA's opinion of legal history.
 

pipoman

(16,038 posts)
160. Keeping in mind that the Miller decision
Thu Apr 3, 2014, 02:12 PM
Apr 2014

Has always been less than credible since Miller was dead at the time of the SCOTUS hearing. Obviously he wasn't there, nor was his legal counsel. The only side of the case heard was that of the US government. The decision would have been completely different if Miller had presented, imo...

safeinOhio

(37,651 posts)
162. I'll keep that in mind.
Thu Apr 3, 2014, 02:29 PM
Apr 2014

So, like I said the only SCOTUS cases in favor of the individual right start in 2008 and are by the same 5 justices that passed the laws giving individual rights to companies and the case from a few days ago on donating $. Before that the individual rights were only given by states and not the Federal gov. as it looked as those rights as a collective right. Well over 200 years.

 

pipoman

(16,038 posts)
178. Fantasy
Thu Apr 3, 2014, 04:23 PM
Apr 2014

There has never been a finding stating a collective right. There has never been a time in US history that the 2nd was enforced as a collective right. It was never claimed by anyone prior to the 1930's to be a collective right by anyone. None of the other amendments to the bill of rights has been found or claimed to be collective. There is zero evidence in any writings from the time that indicated it to be a collective right. The President and the Democratic party platform states it is an individual right.

Where is it again this silly lie came from? Oh, I remember,those who wish it wasn't included in the BoR.

 

pipoman

(16,038 posts)
161. History is your friend
Thu Apr 3, 2014, 02:21 PM
Apr 2014

You will be hard pressed to find a single example of the collective right myth prior to the early 20th century.

safeinOhio

(37,651 posts)
163. 1936 law on
Thu Apr 3, 2014, 02:31 PM
Apr 2014

cut off shotguns found that they were of no use in a military sense. It could have been argued that they were of benefit for personal protection.
Yes I like history.

 

beevul

(12,194 posts)
167. No thats not what it said.
Thu Apr 3, 2014, 03:06 PM
Apr 2014

"In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

That's what it said.

Put in laymans terms, since no evidence was presented (miller was dead and not represented at this point), they could not say.

Not quite the same as what you claimed.


Edited to add this:

“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”

Justice Robert H. Jackson of the Supreme Court 1943

The right of the people to keep and bear arms is part of the bill of rights.

 

Logical

(22,457 posts)
140. Post a link! And I have dozens where I tear the NRA apart. You....
Thu Apr 3, 2014, 12:49 PM
Apr 2014

Are no help to fixing any issues, you love whining!

NutmegYankee

(16,478 posts)
4. The last thing we need is another reason to stop people from seeking mental health care
Thu Apr 3, 2014, 05:39 AM
Apr 2014

What you propose is violating doctor-patient confidentiality for one of the most common mental health disorders in the country. Obviously this diagnosis would be reported to the government, which then would have to take some sort of action to enforce the ban, all subject to the freedom of information act. Way to publicize someone's private health information for a condition that in and of itself isn't dangerous to others. All this will do is cause people to NOT get the help they need.

LuvNewcastle

(17,821 posts)
5. I agree. This is a very bad idea.
Thu Apr 3, 2014, 05:58 AM
Apr 2014

A lot of cases of "severe depression" are rather temporary. The government, especially the intelligence agencies, haven't been very good stewards of the information they've been entrusted with. Giving them confidential information regarding mental illnesses is just one more piece of information they need to come after you if they have a certain profile of suspects. All Americans need to ask themselves, are we going to have freedom, or are we going to have complete safety? We can't have both.

Tribalceltic

(1,000 posts)
7. I Strongly agree
Thu Apr 3, 2014, 06:19 AM
Apr 2014

I suffered from depression in the 90's. I also worked a government job that would have been in jeopardy if my employer had found out. I had a medical background and knew that treatment could help. The only way I could keep my job, support my family and get treatment was to use a false identity and pay cash. Many people don't have that option.
Forcing the opening of medical record is wrong. I would not have sought treatment had I not been anonymous.
After 3 years we finally found an anti-depressant that worked without terrible side effects. It has worked ever since.
Also there are many varying degrees of depression, like other diseases such cardiac or diabetes. Not everyone who is "severely" (and I am guessing that you mean "clinical&quot depressed is going to shoot someone someday. Likewise, not every shooter is clinically depressed.

a la izquierda

(12,336 posts)
11. I am on the anti-depressant Merry go round.
Thu Apr 3, 2014, 06:29 AM
Apr 2014

Luckily my employers wouldn't care if they found out. In fact, they'd probably be annoyed I didn't tell them.

Still, I don't want anyone having access to my records.

LuvNewcastle

(17,821 posts)
28. I'm glad you're doing much better.
Thu Apr 3, 2014, 07:04 AM
Apr 2014

People don't understand that there is such a stigma regarding any mental illness that making people's records available to authorities would keep many people from seeking the treatment they need. A law like that would cause a lot more problems than it would alleviate.

pipi_k

(21,020 posts)
107. So very
Thu Apr 3, 2014, 11:04 AM
Apr 2014

true!

I know one such person who will not seek any kind of counseling (even marriage) because he's afraid it will negatively impact his right to own a gun.

ananda

(35,144 posts)
6. Also, if there's one thing we still need to learn ..
Thu Apr 3, 2014, 06:09 AM
Apr 2014

.. it's that medication doesn't work.

Our whole mental health system is itself deranged.

davidpdx

(22,000 posts)
18. I agree with you about the US mental health system not being good
Thu Apr 3, 2014, 06:42 AM
Apr 2014

I disagree with you about medication working. Maybe it doesn't work for everyone, but for some people it is necessary.

 

HERVEPA

(6,107 posts)
30. Just a very stupid statement. Medication works for many, probably most
Thu Apr 3, 2014, 07:14 AM
Apr 2014

people who avail themselves of it for depression.
Doesn't help for some. And yes, big Pharma is out to make a lot of money. They also make many drugs that drastically improve or save people's lives.

pipi_k

(21,020 posts)
120. Mine too...
Thu Apr 3, 2014, 11:54 AM
Apr 2014

They didn't work for me...just made it all worse.

But my daughter's life was probably saved because they worked for her when she needed them.

 

bettyellen

(47,209 posts)
109. Ridiculous. Sorry that in your case it is not true.
Thu Apr 3, 2014, 11:17 AM
Apr 2014

But for many- meds are a life saver.

hunter

(40,690 posts)
111. "Off my meds" I'm an invisible homeless guy.
Thu Apr 3, 2014, 11:19 AM
Apr 2014

But it is true our whole mental health system is deranged.

I'm fortunate to have a safety net of family and friends. When I'm at my worst the very first thing that flies out the window is my ability to judge my own mental state. It always feels to me like the world is getting darker, not that my perception of it is getting darker.

Most mental health issues are much tougher to deal with than a twenty minute doctors appointment and a prescription.

In threads like these one thing I've got to say is that I do not understand Gun Fetishes. I've been in some rough situations and not once would me carrying a gun have improved the outcome. Once the guns come out, everything turns to shit.

I'm not anti-gun. Responsible hunting is a more ethical way to obtain meat than "factory farming." And sometimes a rancher is going to have to shoot a rabid racoon, etc..

I also know I'm not the sort who is a danger to himself and others if I have a gun, which is more than some supposedly "mentally healthy" people can claim.

I do not "like" guns. I tend to think something is wrong with people, their living situations, or their lifestyle, if a gun makes them feel more secure.

If it takes a gun to make you feel secure then there are probably some things you need to change in your life or your community.

fizzgig

(24,146 posts)
114. maybe they didn't work for you
Thu Apr 3, 2014, 11:26 AM
Apr 2014

but they have for many, myself included. i notice you haven't answered any replies to your idiotic statement.

 

Blue_Tires

(57,596 posts)
157. Properly prescribed and managed by a competent health professional,
Thu Apr 3, 2014, 01:48 PM
Apr 2014

I'd say medication has a very high success rate...

Dorian Gray

(13,850 posts)
8. I wish
Thu Apr 3, 2014, 06:23 AM
Apr 2014

that we had the same gun laws that the UK had. (No guns for the general population.)

While I am sympathetic with your OP proposal, I think it would be problematic in execution. Medical records, meant to be private, would need to be read for licensing.

 

darkangel218

(13,985 posts)
83. Not really
Thu Apr 3, 2014, 09:26 AM
Apr 2014

We could have the PCP of the aplicant check the record and sign off that the aplicant is fit to own a gun.

It's not perfect by any means, but it would be a step forward from what we have now.

 

oldhippie

(3,249 posts)
92. What Primary Care Provider?
Thu Apr 3, 2014, 09:46 AM
Apr 2014

I'm 65 years old and I don't have and never had a "PCP". I get whatever doc happens to be on duty when I walk into my local clinic. The doctors usually last less than a year before they move on to other jobs. And, there is nary a word about my mental health in any of my medical records. What doctor in his right mind (or their liability insurance company) is going to "sign off" on something like getting a gun? The safe thing for them is to say no.

How about this: Everyone (including you) is required to take an annual mental health exam conducted by a panel of "government expert doctors". You, of course, would be required to pay for this exam with your insurance, and pay the deductible and copay as usual. Depending on the results of the exam, you may or may not be allowed to possess a weapon. And while they're at it, they can determine whether you are fit to write any books or articles, post on the internet, and perhaps even vote. Afterall, do we want people with mental illnesses influencing the public?

 

darkangel218

(13,985 posts)
93. So you think doing nothing is better than doing something?
Thu Apr 3, 2014, 09:49 AM
Apr 2014

Yah, I've heard that before.

 

oldhippie

(3,249 posts)
103. In many cases, yes .....
Thu Apr 3, 2014, 10:13 AM
Apr 2014

.... especially in cases like yours, endangering people's civil rights.

Heddi

(18,312 posts)
200. Down below she says that limiting the voting rights of people w/depression is "good point"
Thu Apr 3, 2014, 06:19 PM
Apr 2014

that she wishes she had an answer for (screen cap'ed to preserve once the inevitable self-delete comes around)

hack89

(39,181 posts)
108. What if the doctor always says no because he really hates guns?
Thu Apr 3, 2014, 11:04 AM
Apr 2014

what recourse would the applicant have?

Why does due process seem to bother you to the point that you completely ignore it?

Jeneral2885

(1,354 posts)
10. How do you check
Thu Apr 3, 2014, 06:29 AM
Apr 2014

How you gun shop owners check? Documents can be falsified or the individual can call up any rights bill/clause to say I won't tell you. Plus, depends on the gun you want to buy.

I'm not in favour of having guns sold to military individuals at all.

DustyJoe

(849 posts)
22. yes how
Thu Apr 3, 2014, 06:53 AM
Apr 2014

How do you prove a 'military' individual ?

Are you proposing only active military ? All veterans ? Xbox 'call of duty' enthusiasts ?

Military and ex-military are highly trained in firearm discipline compared to a thug on the
street with his glock 9.

Broad brushes always paint everyone.

 

darkangel218

(13,985 posts)
84. Yes documents can be falsified.
Thu Apr 3, 2014, 09:31 AM
Apr 2014

However, since all medical data is ( will be ) kept electronically now, there could be a system set up which verifies eligibility without giving out any other sensitive information about the aplicant's health.

HereSince1628

(36,063 posts)
98. What's the point of checking? Mental health status is dynamic. It changes
Thu Apr 3, 2014, 09:54 AM
Apr 2014

It's not some sort of decree from God written on unchanging stone tablets.

A background check is only valid re the database in the moment it is made. And most mentally ill persons will never seek treatment and never have a record that could put their name in the database.

Even assuming mental wellness at the time of purchase...you can acquire the gun, acquire a permit to carry it (concealed or open), and in at some unspecified time later be struck with a mental illness.

The rationale for this is terribly dubious with respect to durable utility.


The Straight Story

(48,121 posts)
13. Ok. How do we know and second what happens when they buy a gun and are depressed later?
Thu Apr 3, 2014, 06:30 AM
Apr 2014

Back when I did armed security I had to buy a gun for the job as some sites, especially government owned properties, required the security officers to carry one (and being alone in an abandoned apart complex in a bad neighborhood, no phone, working alone - you wanted one). After leaving the job I sold it back to the company and don't currently own one.

Some time after that I battled with depression (as I had once before and had seen a psych dr, got meds, got better). Should I go back to security work should I not be allowed to carry a gun?

When I was a deputy I can pretty much guarantee that there were more than a few of them depressed and seeing the dr we had available. And folks in the military are not always the least depressed folks I know.

The people I am most worried about with guns are those who drink a lot (and a lot of crime is related to alcohol consumption) and those who have a criminal record involving theft/violence (or felonies in general).

Sancho

(9,205 posts)
15. Gun Control and mental health (see #2)
Thu Apr 3, 2014, 06:34 AM
Apr 2014

This is my generic response to gun threads. For the record, I grew up in the South and on military bases. I was taught about firearms as a child, and I grew up hunting, was a member of the NRA, and I still own guns. In the 70’s, I dropped out of the NRA because they become more radical and less interested in safety and training. Some personal experiences where people I know were involved in shootings caused me to realize that anyone could obtain and posses a gun no matter how illogical it was for them to have a gun. Also, easy access to more powerful guns, guns in the hands of children, and guns that weren’t secured are out of control in our society. As such, here’s what I now think should the requirements to possess a gun. I’m not debating the legal language, I just think it’s the reasonable way to stop the shootings. Notice, none of this restricts the type of guns sold. This is aimed at the people who shoot others, because it’s clear that they should never have had a gun.

1.) Anyone in possession of a gun (whether they own it or not) should have a renewable license.
2.) To get a license, they should have a background check, and be examined by a professional for emotional and mental stability appropriate for gun possession. It might be appropriate to require that examination to be accompanied by references from family, friends, employers, etc.
3.) To get the license, you should be required to take a safety course and pass a test appropriate to the type of gun you want to use.
4.) To get a license, you should be over 21. Under 21, you could only use a gun under direct supervision of a licensed person and after obtaining a learner’s license. Your license might be restricted if you have children or criminals or other unsafe people living in your home.
5.) If you possess a gun, you would have to carry a liability policy insurance policy specifically for gun ownership - and likely you would have to provide proof of appropriate storage, security, and whatever statistical reasons that emerge that would drive the costs and ability to get insurance.
6.) You could not purchase a gun or ammunition without a license, and purchases would have a waiting period.
7.) If you possess a gun without a license, you go to jail, the gun is impounded, and a judge will have to let you go (just like a DUI).
8.) No one should carry an unsecured gun (except in a locked case, unloaded) outside of home or when transporting it to a shooting event without demonstrating a special need. Their license should indicate training and circumstances beyond recreational shooting (security guard, etc.).
9.) All guns should be registered. If you buy, sell, give away, inherit, or the gun changes hands by any other transaction, the registration should be recorded. Ammunition should be tagged.
10.) If you accidentally discharge your gun, commit a crime, get referred by a mental health professional, etc., you should lose your license and guns until reinstated by a serious relicensing process (if ever).

Most of you know that a license is no big deal. Besides a driver’s license you need a license to fish, rent scuba equipment, operate a boat, or many other activities. I realize these differ by state, but that is not a reason to let anyone without a bit of sense pack a semiautomatic weapon in public, on the roads, and in schools. I think we need to make it much harder for some people to have guns.

Sancho

(9,205 posts)
34. I remember reactions like this...
Thu Apr 3, 2014, 07:25 AM
Apr 2014

to people over 18 having the right to vote...to integrating schools...to letting women in the military (and letting women in the military academies)...and so many other things that folks said were "impossible". As I've gotten older and wiser, I have come to realize that unicorns are real (sometimes).

If there's a will there's a way, and licenses are clearly legal and possible. To me, it takes strange values to think it's ok for mentally/emotionally unstable people to possess guns. I have enough experience with guns to think that's one thing we could do better.

 

pipoman

(16,038 posts)
41. Not legal nor possible at the federal level
Thu Apr 3, 2014, 07:36 AM
Apr 2014

Everyone. ..Every one goes through periods of mental and emotional instability.

Sancho

(9,205 posts)
168. Who said it has to be a federal law...tell me who has a driver's license without a vision test???
Thu Apr 3, 2014, 03:17 PM
Apr 2014

Exactly what state issues a driver's license to people who are blind? It's not a federal law, but every state requires that you can see to drive!!

Same thing..you should be cleared as apparently stable and able to possess a gun. You don't need a medical diagnosis, but requiring a simple clearance is legal and possible.

Everyone has changes in their vision too, but once they are legally blind the MD can tell them not to drive, and there is likely a vision test at the DMV. The DVM doesn't diagnose what their prescription or vision is...but checks to see if they can read the signs.

If a professional interviews you or tests you or sees you at the ER for a suicide attempt or arrests you for domestic violence, they should be able to take your gun license and your guns away from you!!

 

pipoman

(16,038 posts)
179. You do know driving isn't constitutionally protected?
Thu Apr 3, 2014, 04:29 PM
Apr 2014

The same could be said about voting then? You need a license, and a mental evaluation? The comparison between driving and an enumerated civil liberty is ludicrous.

It can be state mandate. ..good luck with that.

Sancho

(9,205 posts)
185. My suggestion is constitutional....you have a carry permit don't you?
Thu Apr 3, 2014, 05:15 PM
Apr 2014

If so, then my version is simply a different version of a carry permit.

Do you think the 2nd or 5th amendment allow you to have any "arms" that you want? Can you have a nuclear bomb legally or should that be illegal?

If there is ANY limit, then I'm suggesting that the limit should be that unstable people shouldn't have a gun.

If you prefer, we could put a psychologist at every point of gun purchase and interview you every time you bought a bullet...which would be legal even though it avoids producing a license.

Which would you prefer...a license that you are cleared, or reinterview at every sale? It is silly to continue to argue that it's not constitutional to have limits...and my limit is that you shouldn't have a gun if you are unstable.

Do you agree or not? If you think that unstable people shouldn't have guns, then there are other ways to achieve the result, but the logical way is a license. You can argue all you want, but it's simple, legal, and practical. It allows for variation by locality, and it helps prevent the mentally and emotionally ill from killing themselves and YOU!

 

pipoman

(16,038 posts)
187. No a diagnosis does not equal due process of law...
Thu Apr 3, 2014, 05:30 PM
Apr 2014

Due process is required to strip someone of their civil liberties. States certainly can require things the federal government can not. This is only to a point as is evidenced by Heller and the Chicago case.

Neither. NICS is fine and is as good as it gets.

No, I don't agree that anyone should be stripped of their civil liberties without due process.

Sancho

(9,205 posts)
31. It's obvious that the legal language could be crafted if folks wanted to...
Thu Apr 3, 2014, 07:19 AM
Apr 2014

and this has nothing to do with the 2nd - since I focus on the people who would possess guns, not restricting any particular gun. Sometimes gun advocates want to get caught up in silly debates over legal definitions. Licenses are clearly constitutional and every state has their versions.

The only question is whether or not our society wants to be safe or continue to be a shooting gallery.

If you think it's ok for mentally and emotionally ill people, children, and untrained people to carry guns, then you would be opposed to reasonable licensing for gun possession. Of course, you will live in a more dangerous world.

The Straight Story

(48,121 posts)
37. No....I think the problem comes in here:
Thu Apr 3, 2014, 07:30 AM
Apr 2014

"If you think it's ok for mentally and emotionally ill people"

Who gets to define that? Over the years we have seen many things called mental illnesses because people were different than the statistical norm.

BTW - ever watch those shows about people living in Alaska out in the middle of nowhere? Pretty much loads of people carry guns there due to the wild life. Not to mention hunting. Should a person with past mental issues not be allowed to hunt for their own food and be forced only to purchase their food?

Less than one percent of gun owners cause problems. Of those, many more would involve alcohol than mental illness.

Sancho

(9,205 posts)
61. I used to live in Alaska, and in past years I was a mental health professional.
Thu Apr 3, 2014, 08:25 AM
Apr 2014

It's not a problem to create definitions of mental and emotional health. Again, your story isn't relevant to the issue. Yes, if you are dangerous you should get food some other way than shooting it! Yes, if you have past mental health issues they might keep you from ever owning guns. If you have active TB, you should not be allowed to be a bus driver or sell hot dogs at a ball stadium until you are deemed safe.

Regardless, I'm not requiring a "medical diagnosis" in order to get a license. I'm suggesting a simple screening.

If you get a driver's license, you likely have to pass a vision test. The DMV are NOT optometrists but you still have to be able to read the signs. I'm suggesting a simply screening/interview/examination and background check by someone with a little training and aimed at obvious potential issues for gun abuse.

I'm also suggesting that professionals could revoke or prevent someone from possessing a gun or a license to posses a gun. Sooooo, if you had such a license and were at the ER for attempted suicide or getting treatment for depression or whatever; then you could have a hold put on your guns and your license revoked.

It would not catch everyone and people change, but MANY of the recent mass shootings were by people would be obviously denied a gun license by almost any screening process.

Sancho

(9,205 posts)
70. That's simple, but I'm not going to pretend to be a current expert.
Thu Apr 3, 2014, 08:54 AM
Apr 2014

First, you would fill out a social, medical history on a page or two that would guide the interview questions.

If you reported you were an air force veteran, a gun safety instructor, working as an airline pilot, and had annual medical examines I would ask different questions than if you reported that you recently were released from rehab, just got out of prison, and were very angry at your neighbor who was beaming x-rays at your bedroom. I'd ask about what you put down in your history.

Next, there would be standard general questions like "Are you planning to kill yourself?", "What do you intend to do with your gun?", etc. If necessary, the answers might lead to referral to some treatment or a more extensive review (like interviews with family or friends), diagnostic testing, or a medical records request, but this would be an initial screening for obvious issues.

We all know that people can hide illnesses, but it's less common than you'd think. There are plenty of projective devices and personality tests to diagnose specific problems, but the main idea here would be to catch those who were clearly a danger to themselves or others.

I'm sure that whatever state license was created would dictate a process, just like you have to pass a vision test, driving test, and written test in order to drive. You have to pass an open water test with a certified instructor in order to rent scuba equipment (in Florida at least). My imaginary interview would not necessarily be whatever each agency would come up with.

Sancho

(9,205 posts)
171. A public carry permit is really a license...
Thu Apr 3, 2014, 03:37 PM
Apr 2014

As I said, I wouldn't care if you had a nuclear bomb in your basement or a 50 cal in your truck provided that you have a license/permit/certificate that showed you were safe for yourself and others. That might mean you can't have a rocket launcher unless you have specific a need and training.

If you have lots of training, screening, checking, and examination, then you can have whatever you want. If you don't have training and you are not stable and you do not need a nuclear bomb, then you shouldn't have a license/permit/certificate to possess it.

Personally, I'm sure that most people with carry permits don't have the training or experience or need to have guns in their pocket so that should be tightened up; but a carry permit is nothing more than a license in effect.

I think that we shouldn't allow people to buy or possess guns without a license that requires training, background checks, and mental health screening among other things. That would prevent some unqualified people from easy access to guns.

 

beevul

(12,194 posts)
173. You're missing the point.
Thu Apr 3, 2014, 03:47 PM
Apr 2014

With the examples you've chosen to compare - drivers license - one is referring to a license to use in public, not a license to own.

Nowhere in America, is one required to aquire a license simply to own a motor vehicle, or an airplane, or even a tank for that matter. In fact, other than a a few cities city here or there, generally speaking, there are no licenses to own pretty much anything.

That makes the comparison false.


Furthermore, what you're talking about, is a license to exercise a constitutionally protected fundamental civil right.

Such things generally don't fly.

That's not to say there isn't a way to accomplish the goals you've stated, but your methodology wont do it.

Sancho

(9,205 posts)
55. no..it's a problem already solved....
Thu Apr 3, 2014, 08:10 AM
Apr 2014

and you are free to look at licensing law for federal and all 50 states...so I'm not falling for your straw man.

If you think that mentally and emotionally unstable people should have guns, then say so.
That's simple.

No system is foolproof, and we all know that privacy, etc. would be an issue. OTOH, we also know that if you have TB and refuse treatment and you want to be a bus driver, that you could be quarantined by force to protect the public. Withhold your name if you like, but public safety precludes you getting loose. An individual's rights can be curtailed if there's a public danger.

We also know you have to have a license to participate in many activities.

If you want a legal debate, go find your favorite lawyer. I'm saying we need to value human lives enough to have practical safeguards and a license to possess a gun is the logical way to achieve some improvements.

 

pipoman

(16,038 posts)
58. What percentage of people with TB
Thu Apr 3, 2014, 08:18 AM
Apr 2014

Are a public danger? I suspect it is much higher than 1%.

Licensing at the federal level has been determined unconstitutional.

People who have criminal intent are known to disregard the law.

Depression is temporary and comes on quickly. Licensing would have no measurable effect.

Sancho

(9,205 posts)
66. Again, you're missing the point....
Thu Apr 3, 2014, 08:38 AM
Apr 2014

it would likely be versions of state licenses, but debating the constitutionality is not a problem here. Obviously, licenses are legal in all 50 states and required for people to engage in some activities. States already have carry permits and reciprocity, so we know gun licenses are legal and have a federal impact.

The percentage would not matter. It would prevent some mass shootings, suicides, etc. We don't know the impact until we try it.

Licensing would have a measurable effect on some people with mental/emotional problems. Many of those (like the recent mass shootings) were known to be unstable - but there was no mechanism to prevent them from buying or possessing guns.

It would not catch everyone (of course).

Just like having a license whenever you drive (even if out of state), you'd have to have a current license to buy, transport, or possess a gun. Simple. Probably proof of insurance too. Criminals would find it much harder to keep guns, buy ammo, etc. but this part of the OP is about screening for mental and emotional worthiness to have a gun.

You may even have a diagnosis (like a phobia; fear of flying) and be completely fine to be licensed to possess a gun. I suggesting a simply screening and background check for obvious issues. Not a complete psychoanalysis.

 

pipoman

(16,038 posts)
69. States can, feds can't..
Thu Apr 3, 2014, 08:51 AM
Apr 2014

Given the vast case law, you are fantasizing, so I guess it's OK to make believe that the vast case law doesn't exist. .carry on. .

Sancho

(9,205 posts)
88. Case law on licensing? Is your driver's license ok in more than one state?
Thu Apr 3, 2014, 09:40 AM
Apr 2014

Again, there is nothing that would prevent a state from issuing a license. Obviously, there are a multitude of cooperative agreements for licensing among all the states. You can drive across states even though they differ in the licensing process.

There is no "federal" driver's license, but all states adhere to federal law. You cannot have a driver's license that prohibits a specific race or religion from obtaining a license.

It would be the same with gun licenses I suspect. Again, the issue is NOT one of how to create a license. The lawyers and legislatures know how to do that...the issue is how to prevent PEOPLE from possessing guns when they clearly should not have them. That is not a restriction on guns - you can have any kind of gun you want - as long as there's a reasonable protection for the public good. That's one purpose of a license.

 

Eleanors38

(18,318 posts)
44. The 5th underwrites All laws affecting ones rights.
Thu Apr 3, 2014, 07:40 AM
Apr 2014

Whether or not gun types are the subject or not. Since the end of apartheid-era laws in the South, the courts are sensitive to restrictions, taxes, tests, lack of due process, and outright subterfuge when they affect rights, esp. regarding those protected by the Second.

Sancho

(9,205 posts)
91. A license is a reasonable way to protect the public...
Thu Apr 3, 2014, 09:45 AM
Apr 2014

that's one reason we have all kinds of licenses - from professional practices to driving to renting scuba equipment. Some protect the public and some simply protect folks from their own stupidity.

There's absolutely no question that some people should not have guns...kindergarten kids, some mentally/emotionally ill people, and untrained people. The logical way to achieve a screening is a license. No fuss, no muss.

NutmegYankee

(16,478 posts)
188. How about a license for voting?
Thu Apr 3, 2014, 05:40 PM
Apr 2014

You so actively support the use of licenses and tests to engage in a civil right, so why not force people to take a test to be allowed to have a voting license? Or how about speech? No internet access without a license?

What you fail to understand is that driving is a privilege, unlike the other topics I mentioned, which are civil rights.

Sancho

(9,205 posts)
192. We have that now…it's called voter registration….
Thu Apr 3, 2014, 05:51 PM
Apr 2014

and it's controlled by states and required by each state independently.

You can call it whatever you want, but voter registration is constitutional, and having requirements to posses a gun is quite possible. You can't have your cake and eat it too.

Now, please answer my question. Do you think mentally and emotionally unstable people should have a gun?

If not, would you prefer to get screened every time you buy a bullet or go to shoot a gun (like at the airport)? Wouldn't you prefer a registration/permit/license/certificate/whatever-you-call-it that is required to screen out the problem people?

Your choice!!! The ball is in your court. What would you prefer?

NutmegYankee

(16,478 posts)
195. Fail - voter registration is not a license. Try again.
Thu Apr 3, 2014, 05:57 PM
Apr 2014

You only register to ensure one person one vote. There is no qualification or suitability test.

 

tolkien90

(25 posts)
159. I'm not going to reply to most of these points
Thu Apr 3, 2014, 01:59 PM
Apr 2014

Because a majority of them have been shown not to work, are illogical to begin with, or have been discredited elsewhere in this thread.

But as for number 5, I just couldn't let that go.

So let me get it straight. You want to make it harder and more difficult for poor people, the same group of people that are statistically more likely to be victims of violent crime, to get a gun and defend themselves? Sounds like a good idea if you want to jack up the crime rate because I can guarantee you the people committing those crimes won't bother with firearms liability insurance.

You are basing your entire firearms policy list on incidents that make up a small minority of firearm-related crimes, probably because they usually make the headlines.

NutmegYankee

(16,478 posts)
189. Insurance for gun ownership has been completely discredited.
Thu Apr 3, 2014, 05:45 PM
Apr 2014

Connecticut held a hearing on it after Sandy Hook and every insurance company representative called to the hearing stated that no insurance company would grant a policy covering intentional misuse of a firearm. The only policy that would be covered was a general liability policy, which is already standard for most homeowners, protecting them in case someone slips on their porch for instance.

 

pipoman

(16,038 posts)
17. Short sightedness
Thu Apr 3, 2014, 06:41 AM
Apr 2014

You do realize that 100% of the population suffer depression at some point in their lives, no?

davidpdx

(22,000 posts)
19. The problem would be privacy laws
Thu Apr 3, 2014, 06:47 AM
Apr 2014

The US has pretty strict privacy laws in terms of medical records. Those are there for a good reason.

I agree mental health issues need to be dealt with in a better way. The shootings have become too common of an occurrence.

I have no answers on how things can be changed. The question is a complex one.

hack89

(39,181 posts)
26. Castle Bansalot is the dissent free zone
Thu Apr 3, 2014, 06:59 AM
Apr 2014

In GD we are supposed to discuss things, which implies some degree of disagreement.

 

YoungDemCA

(5,714 posts)
144. This OP still supports the 2nd Amendment
Thu Apr 3, 2014, 12:58 PM
Apr 2014

The OP is just singling out those who suffer from depression or other mental illness.

Meanwhile, there are plenty of criminals-murderers and others-who either do not suffer from depression (I didn't realize, for example, that being a sociopath was equal to being depressed!) or go un-diagnosed. How do you propose dealing with them?

This is just a way of feeling superior to those who suffer from mental illness, and externalizing the blame for the epidemic of gun violence on a vulnerable group within society. Stigma, anyone?

egduj

(881 posts)
152. This would have been really witty...
Thu Apr 3, 2014, 01:31 PM
Apr 2014

if it wasn't posted two and a half hours after the OP and after 20 replies.

It's called "timing."

NutmegYankee

(16,478 posts)
191. Ah, so people supporting the 4th Amendment and Medical privacy are gun humpers?
Thu Apr 3, 2014, 05:49 PM
Apr 2014

Some of the proposals in this thread are 1984 level creepy. I guess it's NSA lovers vs. Gun humpers here on DU. Glad you cleared that up for us.

 

Eleanors38

(18,318 posts)
23. We have the 5th Anendment which guarantees due process...
Thu Apr 3, 2014, 06:56 AM
Apr 2014

If some "test" or "evaluation" bars someone from exercising his/her 2A rights, that individual must have due process in a court of law to justify that revocation of a right. A test doesn't allow that.

And what would the "standard(s)" be for denying a constitutional right? How would these "standards" be applied? And WHO would develop and enforce them?

We already have a NICS test which uses a mental incompetency bar... which is determined in a court of law. That NICS test needs to be expanded beyond the purview of licensed gun dealers (FFLs).

HereSince1628

(36,063 posts)
67. Don't forget the 14th
Thu Apr 3, 2014, 08:40 AM
Apr 2014

Denial of rights is a HUGE problem recognized by the nation across its history and incorporated into the constitution and its amendments to reflect the will of society.

A diagnoses of a mental disorder does NOT remove citizenship or constitutional protections afforded citizens.

Does it seem just a little bit strange that NICS = National Instant CRIMINAL background check, and BEING A VICTIM OF A MENTAL DISORDER IS NOT A CRIMAL OFFENSE??

As long as the US and the 50 states and sundry territories, treat mental illness as a crime, this problem can never be addressed rationally.

 

Android3.14

(5,402 posts)
25. Thought police.
Thu Apr 3, 2014, 06:58 AM
Apr 2014

What a misguided OP.
The solution is gun titles (like a car) annual gun registration (for a fee) as long as a person owns the gun, tax the shit out of ammo, severely limit access to assault weapons.
Medical confidentiality is between me and my doctor.
The NSA is bad enough. We don't need an MSA.

 

Eleanors38

(18,318 posts)
36. Illinois had a firearms owner I.D. (FOID) for yrs...
Thu Apr 3, 2014, 07:29 AM
Apr 2014

Any excess tax on ammo WILL be seen in the courts as a kind of Jim (large, raucous black bird)-era burden on the free exercise of constitutional rights, a la poll taxes in Texas 50+ yrs ago.

Semi-auto weapons are the most popular choices for Americans when they obtain weapons (many millions a year), and an entire class of weapons will not be banned (I have one built in 1905).

Expansion of NICS, issuance of FOID cards & similar measures may be the way to go. Why the NICS test (required by FFLs) is not opened to all private transactions at least on a voluntary basis, is strange to me.

 

Android3.14

(5,402 posts)
117. Jim crow burden?
Thu Apr 3, 2014, 11:34 AM
Apr 2014

Perhaps. Yet the gov taxes my newspaper sales and that doesn't seem to infringe on the freedom of the press.

 

Eleanors38

(18,318 posts)
129. Are those taxes (and postal rates) higher than for other
Thu Apr 3, 2014, 12:17 PM
Apr 2014

goods and services? Guns & ammo are already subject to comparable sales taxes, and federal taxes for wildlife conservation (the latter is included as part of the retail price of the item purchased, and disbursal is back to the states). ANY tax, like the now-unconstitutional poll tax enacted in Texas, will be subjected to strict scrutiny if it is a barrier to the exercise of a constitutional right, or singles out a class of people.

Various Jim ---- laws affected gun ownership in the South. In addition to requiring a local sheriff "means test" (literacy test?) Your need for a gun, some states required specific very expensive brands be bought, used melting point laws, or required fees, all in an attempt to keep blacks from obtaining guns; trouble is, there are a lot of poor whites in the South, so some of these schemes were repealed. The laws against carrying guns became popular at the end of the 19th Century to thwart the practice of blacks arming themselves in job-related situations (RRs, naval stores industries, lumber mills, etc.). The South through the 1970s retained some of the strictest CCW laws. Ironically, the Civil Rights Act ('65) and the backlash to early days of modern gun control efforts put an end to that, at least in the South. Efforts to restrict CCW began and ended mainly in Florida.

Kolesar

(31,182 posts)
35. It's tricky, so there should be a bias against gun-lugging in any "permit application"
Thu Apr 3, 2014, 07:27 AM
Apr 2014
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=4773842

Do you carry cash or jewels in your "profession"?
 

pipoman

(16,038 posts)
48. Of course the only people who need self defense are those who
Thu Apr 3, 2014, 07:47 AM
Apr 2014

Carry cash and jewels....Oh wait, I can't think of the last time I heard of someone robbed carrying jewels...

hack89

(39,181 posts)
56. The beauty of civil rights is that you never have to justify exercising them to the government.
Thu Apr 3, 2014, 08:12 AM
Apr 2014

Yours is a system ripe for abuse - look at places where "may issue" is the law - only the rich, the famous, the politically connected and people with the right color skin have guns. NYC and California are prime example.

How many blacks in the South do you think will ever be able to legally own guns?

maddezmom

(135,060 posts)
32. Not sure this would work anyway as there are many people suffering from depression
Thu Apr 3, 2014, 07:23 AM
Apr 2014

That have never sought treatment or have been diagnoised. And where do you stop, what about people that have in their past or are now abusing alcohol?

HereSince1628

(36,063 posts)
38. People aren't born with depression...it is a condition that can begin at any time and it goes away
Thu Apr 3, 2014, 07:33 AM
Apr 2014

Last edited Thu Apr 3, 2014, 08:20 AM - Edit history (1)

Including AFTER a person has bought a weapon and/or AFTER a person has permit to carry...if that's needed (in WI open carry doesn't require a permit while conceal carry does).

About 6 1/2% of the US population experiences depression each per year. You can see from the CDC graphic below that it has a somewhat higher incidence in Americans 40-60.



According to Journal of the American Medical Association (JAMA http://psychopathology.wiki.westga.edu/file/view/JAMA-2003-Kessler-3095-105.pdf/229631240/JAMA-2003-Kessler-3095-105.pdf)

About 50% of people who get depression suffer 'severe' or 'very severe depression. The average duration of the depression is about 16 weeks, and that's important, people get over depression.

Approx. half of people with with depression ever get diagnosed. For the purposes of the NATIONAL INSTANT CRIMINAL BACKGROUND CHECK, that' a problem. Each year about 10 million people with depression would be MISSED. And the majority of the ~10 million people that would be entered...would no longer be depressed in 3 months. Do we just keep people on the system because "Well, hell they could get depressed again?"

The life-time risk of depression in the US is slightly above 16%. You're talking about wanting to put the names of 56 million people in a criminal database, NOT because they've done something criminal, but because they've suffered from the most common mental illness. People misunderstand mental illness and think most mentally ill people are dangerous to self or others. That's not true.

BUT you can't actually get 56 million people's names on record because more than half of the people who might be reported based on FBI surveillance of patient medical or prescription medication never seek clinical help. They don't have records subject to surveillance.

The greatest risk of gun violence among the depressed is suicide. About 60% of gun deaths in the US are suicides, and depending on what time reference you choose it is about 16000 deaths per year. It is certainly a problem. But it's uncertain that adding the depressed to NICS would really solve the problem. Creating a database of 40 million depressed persons costs a lot of money to produce a lot of data that is not going to be very predictive of future gun violence. Each person in the database would have a per capita risk of gun suicide of 0.00045 per year. The American Psychological Association says they have no way of telling WHICH people with diagnosed mental illness will commit acts of violence.

In the end it's a lot of money for the database, some serious invasion of private medical histories, for dubious rationales, yielding very little predictive value.

Although it's still argued, suicide has been considered an impulsive act. And as shown by reductions in gun suicide rate when waiting periods are imposed, the impulsiveness can be beaten by delaying delivery of a handgun. Impulsiveness passes in a very short time. Depression typically resolves in several months (notwithstanding some cases of depression last more than 12 months).

Considering the weaknesses of the database both in coverage and predictive value, it seems that WAITING PERIODS remain one of the best methods for reducing gun suicides in the depressed.

HereSince1628

(36,063 posts)
50. Sounds good, but most people with resources don't seek clinical help for mental illness
Thu Apr 3, 2014, 07:50 AM
Apr 2014

Perceived prejudice against the mentally ill runs very high in our society. Difficulties dealing with social stigma approaches can have as much impact on their activities of daily life as do the mental illnesses.

The mentally ill are frequently considered 'weak' and/or 'character flawed. Machismo typically wins over seeking mental health care. Alcohol and illicit drugs are readily available for self-medication, and they are way cheaper than 2nd and 3rd generation anti-depressants.

The choices often appear to be getting treatment vs shame, losing respect of friends, coworkers, and employers, ending chances for career advancement and perhaps being dismissed from your job.

In the end, "toughing it out through difficulty times" is more favorably endorsed by society, family, and friends.

sweetapogee

(1,216 posts)
42. People suffering from severe depression should be banned from purchasing/carrying guns...
Thu Apr 3, 2014, 07:38 AM
Apr 2014

they already are banned from purchase:

SF 4473 asks the question:

Line 11e: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Line 11f disallows those from purchasing if they have been committed or have any mental defect.

Answer yes to 11e or f and you will get a negative response from your NICS check. Answer no if the true answer is yes, expect to be arrested.

sweetapogee

(1,216 posts)
52. google the form,
Thu Apr 3, 2014, 08:02 AM
Apr 2014

see it with your own two. Some here might be surprised what disqualifies a purchaser.

take care my friend.
sa

 

pipoman

(16,038 posts)
53. ..
Thu Apr 3, 2014, 08:07 AM
Apr 2014
Answer no if the true answer is yes, expect to be arrested.

last I knew less than 5% of people who lie on the 4473 are even investigated. ..

sweetapogee

(1,216 posts)
65. maybe
Thu Apr 3, 2014, 08:36 AM
Apr 2014

maybe not. A true general statement is: lie on the 4473, become a felon. Don't forget, SF 4473 is a federal form, the NICS is a federal system. States define things differently from the federal standard. The ATF is the investigator here.

A good question to ask is why doesn't the ATF investigate anything less than 100% of the bogus answers to SF 4473? Seems like they could get a lot of gunz off the streets if they did.

 

pipoman

(16,038 posts)
75. I have advocated investigation of NICS denials for years
Thu Apr 3, 2014, 09:13 AM
Apr 2014

this is one of the issues oft disregarded by gun control advocates, enforcement of existing laws. I am a believer that simply enforcing existing law would reduce gun violence more effectively than any new unenforced law ever would.

 

kelliekat44

(7,759 posts)
46. That would mean that the 90% of gun-hugers who are depressed because Obama is President
Thu Apr 3, 2014, 07:42 AM
Apr 2014

would have to turn in their guns.

aikoaiko

(34,214 posts)
62. There does need to be a better mechanism for separating guns from people who are a danger...
Thu Apr 3, 2014, 08:29 AM
Apr 2014

...to themselves or others above and beyond the existing adjudication mechanism, but there does need to be due process, accountability, and reversibility.

HereSince1628

(36,063 posts)
101. But, that's a pipedream. The American Psychological Association says there isn't a way to do it.
Thu Apr 3, 2014, 10:04 AM
Apr 2014

I don't have a problem with NIMH coughing up research dollars to try to find protocols that work. But, there's a high probability of failure in that effort, and low expectations of being able to project who's .000000457% risk of violence will be realized.

The Straight Story

(48,121 posts)
68. Came across this a bit ago here on the local news:
Thu Apr 3, 2014, 08:43 AM
Apr 2014

Should Selling Firearms Require A Background Check?

Right now, background checks are only required for persons wishing to purchase a gun -- not for sellers.

"I would love to see a data base where we could plug in a serial number and know whether that gun was stolen or not so we could alert the authorities" said Eric Delbert with the L.E.P.D. Firearms and Range on Bethel Road.

Delbert says there is no way for his employees to know if a firearm brought into his store to be sold is stolen. He says he would like to see a database created that could validate the serial number from each firearm.

"There's guns out there that have been stolen years ago that keep getting sold and resold because there's no way to check to see if that gun has been stolen at some point," said Delbert.

http://www.nbc4i.com/story/25148741/should-selling-guns-include-a-background-check

 

pipoman

(16,038 posts)
71. Nonsense
Thu Apr 3, 2014, 08:55 AM
Apr 2014

Any law enforcement agency can, and most will, run a serial number through NCIC. I have done it several times.

sweetapogee

(1,216 posts)
74. this post
Thu Apr 3, 2014, 09:08 AM
Apr 2014

is confusing background checks on individuals and FFL holders with gun registration. Regardless of where you stand on gun control, the premise here is not an honest one. Sorry if that offends.

The Straight Story

(48,121 posts)
76. It is related in that
Thu Apr 3, 2014, 09:14 AM
Apr 2014

the discussion is about keeping guns out of the hands of people who shouldn't be using them. There is no one solution so an open discussion covering various aspects and failure points is part of it all.

Smaller steps to fill in gaps where needed versus one overall emotionally based attempt at solving a problem will go a long way in reducing guns in the hands of people that no one wants to have them (ie, criminals).

sweetapogee

(1,216 posts)
85. except...
Thu Apr 3, 2014, 09:32 AM
Apr 2014

and not to labor over the point, but, an individual who wants to purchase a firearm doesn't have to purchase one that was stolen or used to commit a crime even if there is future criminal intent. There are millions of legal firearms for sale out there. Another point, when cities have buy back events, they don't run SN checks on the guns, at least at the point where an arrest could be made. A perfect way to get rid of evidence. and get some money at the same time.

How often do you think the police have the SN of a gun used in a crime but don't have the gun in their posession? I would guess probably somewhere around never.

 

Paladin

(32,354 posts)
77. Hey, Gun Enthusiasts! Never mind all this!
Thu Apr 3, 2014, 09:14 AM
Apr 2014

Chuck Toad just made an on-air reference to the Ft. Hood shooter's weapon being a .45 Smith & Wesson automatic! Well, don't just stand there---go apoplectic!

CTyankee

(68,201 posts)
80. well, this has brought out the usual suspects. But don't ask them what we can do about
Thu Apr 3, 2014, 09:20 AM
Apr 2014

the proliferation of guns and their damage to our population. Their answer always ends up being a shrug and "nothing." According to these folks, we just have to put up with the status quo of gun violence in this country.

You remember the slogan of the Seabees, "Can do"? With this crowd it's always "No can do" and What a testament to American ingenuity...

 

giftedgirl77

(4,713 posts)
87. Typically in a military situation if the Command knows
Thu Apr 3, 2014, 09:37 AM
Apr 2014

someone is a threat to themselves or others the weapons can be taken & locked up in the arms room. However, this can only be done if the doc says it's necessary, the command knows about the weapons, & the Soldier lives on post. They could only keep them until they are cleared by the docs then they would have to give them back. If the Soldier lives off post it's a whole other ballgame but typically we have asked for the keys to gun safes etc if they were going through rough patches.

 

KittyWampus

(55,894 posts)
89. There's a valid issue here- mental health and guns can lead to tragedy.
Thu Apr 3, 2014, 09:41 AM
Apr 2014

But I think the solution is in increasing mental health services, improving the quality of those services and reducing social stigma attached to mental health problems.

I also think society has a "Violence Culture" that is very ingrained and very difficult to acknowledge and talk about.

HereSince1628

(36,063 posts)
104. 2 things
Thu Apr 3, 2014, 10:22 AM
Apr 2014

1) Currently fear of prejudice is as important than access to mental health services. There is no reason to believe entrepreneurs would not add services if there was money to pay for them. Money is tremendously important. Current responses of Colorado to the Aurora shooting are frozen, because entrepreneurs who want the money are fighting over it.

2) The handful of studies in the past 25 years on violence in the mentally ill have all made the same point. The difference in violence between the mentally ill and the general population is almost neglible. Multipliers of violence among the mentally ill include drug abuse and incarceration. Generally speaking about 5 percent of people in society are violent each year. Violence among the mentally ill is about 7% and the observed increase is likely to mostly be due to increased reporting of violent acts by persons in institutions because of high surveillance and required reportage.





dionysus

(26,467 posts)
133. i think "Violence Culture" is the main problem. Canadians have a lot of guns, probably not as many
Thu Apr 3, 2014, 12:33 PM
Apr 2014

as us per capita, but they don't go shooting up the joint like we do here. I think there was a section on this in Bowling for Columbine.

 

YoungDemCA

(5,714 posts)
146. It's much easier for the mainstream to blame certain individuals or groups
Thu Apr 3, 2014, 01:05 PM
Apr 2014

who already are stigmatized and lack support, than it is to acknowledge the mainstream, dominant culture's own culpability in perpetuating violence and death.

 

Vashta Nerada

(3,922 posts)
90. I move to go further than this.
Thu Apr 3, 2014, 09:43 AM
Apr 2014

Anyone with any mental disability (e.g. depression, manic depression, bipolar disorder, schizophrenia, etc.) shouldn't be allowed to own a gun.

Nuclear Unicorn

(19,497 posts)
158. Or vote, they make the wrong choice. Or have 4A rights, they may be hiding something dangerous.
Thu Apr 3, 2014, 01:56 PM
Apr 2014

Nuclear Unicorn

(19,497 posts)
182. You said you want them permanently disqualified.
Thu Apr 3, 2014, 04:36 PM
Apr 2014

Are you picking and choosing which rights people retain based on your personal biases or is this idea of yours universal in its application?

 

Vashta Nerada

(3,922 posts)
184. Absolutely.
Thu Apr 3, 2014, 05:04 PM
Apr 2014

People with schizophrenia, anger management problems, or other severe mental maladies shouldn't be anywhere near guns.

Nuclear Unicorn

(19,497 posts)
201. Then we should also permanently do away with their 4A rights.
Thu Apr 3, 2014, 06:51 PM
Apr 2014

That way you can make sure they are secretly keeping guns in their homes.

pipi_k

(21,020 posts)
94. I see your point, but...
Thu Apr 3, 2014, 09:50 AM
Apr 2014

what about the families of people who have severe depression?

In my case, should Mr Pipi have his firearms taken away because I'm the one with a history of depression?

Sancho

(9,205 posts)
95. Yep...not surprising...
Thu Apr 3, 2014, 09:51 AM
Apr 2014
http://hosted.ap.org/dynamic/stories/U/US_FORT_HOOD?SITE=FLPET&SECTION=HOME&TEMPLATE=DEFAULT

FORT HOOD, Texas (AP) -- An Iraq War veteran being treated for mental illness was the gunman who opened fire at Fort Hood, killing three people and wounding 16 others before committing suicide, in an attack on the same Texas military base where more than a dozen people were slain in 2009, authorities said.

Within hours of the Wednesday attack, investigators started looking into whether the man's combat experience had caused lingering psychological trauma. Fort Hood's senior officer, Lt. Gen. Mark Milley, said the gunman had sought help for depression, anxiety and other problems.

BigDemVoter

(4,700 posts)
96. If you are hospitalized for certain mental disorders in California. . .
Thu Apr 3, 2014, 09:52 AM
Apr 2014

You are barred from buying firearms for. . . I'm not sure how long. . . .

Of course this doesn't address those who do not seek treatment, NOR does it address privacy concerns. . . Just saying. . .

 

NCTraveler

(30,481 posts)
97. I think people with testesterone should be banned from purchasing guns.
Thu Apr 3, 2014, 09:52 AM
Apr 2014

It would result in fewer deaths than your proposal and not single out those in society who desperately need our support.

Sunlei

(22,651 posts)
112. Doctors will tell depressed people not to have guns around, of course any background requirement
Thu Apr 3, 2014, 11:20 AM
Apr 2014

would hurt gun sales.

Sunlei

(22,651 posts)
118. probably should ban them from flying planes too. To many side effects from the medications.
Thu Apr 3, 2014, 11:39 AM
Apr 2014

remember the recent pilot and some flight crew who went all paranoid/freak-out, during the flight? Side effect from their RX medication.

RX drug side effects. So many millions of people on those daily depression meds the drug corp pushes on TV ads. The side effects list is a mile long.

ileus

(15,396 posts)
122. Never forget just wanting a firearm is the first sign
Thu Apr 3, 2014, 11:55 AM
Apr 2014

Of mental illness.


Or so I read, so it may or may not be true.

 

Hoyt

(54,770 posts)
137. It is definitely a sign of anti-social behavior. When one covets multiple weapons, and
Thu Apr 3, 2014, 12:46 PM
Apr 2014

Last edited Thu Apr 3, 2014, 01:25 PM - Edit history (1)

get all into so-called "self-defense," special loads, best gun for folks fleeing a hurricane, etc., they -- and we -- have a problem.

Too many like this running around proudly in our society:




And, too many succumbing to marketing programs like this:


tammywammy

(26,582 posts)
127. A government database of medical records, what could go wrong with that?
Thu Apr 3, 2014, 12:16 PM
Apr 2014

No, thank you. And I say this as a non-gun owner with no intention of owning one either.

HereSince1628

(36,063 posts)
136. Let's say it like it is...a government CRIMINAL database that adds people due to illness.
Thu Apr 3, 2014, 12:43 PM
Apr 2014

We are talking about causally associating criminality with mental illness.

What the F**K could go wrong with that?

tammywammy

(26,582 posts)
139. Yep.
Thu Apr 3, 2014, 12:48 PM
Apr 2014

I've been pretty sad/upset/frustrated the last few weeks. Not enough to go to the doctor, but I did leave work early yesterday - maybe we should go ahead and add that too. I mean I told my boss I was having a tough day and needed to take the afternoon as a "mental health day".

 

YoungDemCA

(5,714 posts)
145. Especially considering how pervasive mental illness is in our society
Thu Apr 3, 2014, 01:02 PM
Apr 2014

And how many more people who likely suffer from mental illness but are not diagnosed.

 

YoungDemCA

(5,714 posts)
141. Glad to see you still said "I support the Second Amendment"...
Thu Apr 3, 2014, 12:50 PM
Apr 2014


EDIT: and great idea, stigmatize people who suffer from mental illness even more! What could go wrong?
 

darkangel218

(13,985 posts)
164. You are wrong to think my intention was to stigmatize anyone.
Thu Apr 3, 2014, 02:43 PM
Apr 2014

We need better and more thorough gun control laws. I don't know what the exact answer is, but something needs to be done about it. Too many innocent people lose their life in the hands of mass shooters, and mental illness has been a common denominator in many of those instances.

Response to darkangel218 (Reply #164)

Response to darkangel218 (Original post)

Heidi

(58,846 posts)
151. How about people who have been observed acting erratically under the influence of alcohol?
Thu Apr 3, 2014, 01:27 PM
Apr 2014

Absent any criminal conviction or other legal prohibition, should these folks also "be banned from purchasing/carrying guns"? How about possessing firearms?

LynnTTT

(363 posts)
154. No chance- older vets with dementia
Thu Apr 3, 2014, 01:38 PM
Apr 2014

are still allowed to keep weapons. I forget what state it was, but that was a topic in a gun control issue in court and the NRA was up in arms. Mental illness of any kind shouldn't be an issue in your right to have a weapon. The good news is that caretakers can hide the gun and Grandpa won't remember. He'll be pointing the remote at you and cursing cause it don't work.

steve2470

(37,481 posts)
172. I have not read this entire thread but....................
Thu Apr 3, 2014, 03:43 PM
Apr 2014

I"m sure someone has already said this:

Severe depression has nothing to do with homicide. With SUICIDE, yes. Now, it's possible someone can be severely depressed with command hallucinations telling him or her to go kill people. That's a psychotic thing.

So...I don't agree with you.

 

darkangel218

(13,985 posts)
175. Are you sure about that?
Thu Apr 3, 2014, 04:05 PM
Apr 2014

A lot of depressed people become not only suicidal but psychotic and homicidal.

Read a bit more about it.

steve2470

(37,481 posts)
176. two different animals
Thu Apr 3, 2014, 04:07 PM
Apr 2014

A person can have multiple diagnoses. Any mental health professional on this board will tell you that. Suicide is part of the problem with depression, but not homicide. That's a different diagnosis.

HereSince1628

(36,063 posts)
177. Oh, really? How about producing federal surveillance numbers to back that up
Thu Apr 3, 2014, 04:08 PM
Apr 2014

Look in the CDC or the FBI on-line data.

You are so full of bacterial, nondigested food remnants that they are coming out your keyboard.

BainsBane

(57,757 posts)
232. There is substantial evidence
Sat Apr 5, 2014, 03:05 PM
Apr 2014

To show the mentally ill are LESS likely to commit violent crimes than the general population. They are, however, more likely to be victims of violent crimes. The greatest correlation with violence is use of alcohol and recreational drugs.

 

Corruption Inc

(1,568 posts)
174. Except in the for-profit war machine wherein it's a prerequisite
Thu Apr 3, 2014, 03:59 PM
Apr 2014

Let's ban cops, security guards, store owners and everyone who even has a bad day too, including internet trolls.

Ahhhh, banning people from things is so much fun!

CTyankee

(68,201 posts)
193. The answer is that public safety is not threatened immediately by the vote...
Thu Apr 3, 2014, 05:53 PM
Apr 2014

it could be later but we have ways of sifting out the nut cases in our politics. Guns not so much. You got a gun, you got the immediate power to kill...

Heddi

(18,312 posts)
198. You don't know if people who are depressed should be allowed to vote?
Thu Apr 3, 2014, 06:11 PM
Apr 2014

Why shouldn't people with depression be allowed to vote?

The ease in which you are able to deny basic rights to people you deem unworthy or lesser than you is really frightening.

Anyone else that shouldn't be allowed to vote? People with speech impediments? Congenital defects? Oh! Blind people. How can they vote when they can't even see the ballot. You should add them to the list. People with limps, or artificial limbs.

Are you sure you're on the right message board?

Sissyk

(12,665 posts)
210. First 0-7 Leave I've been on.
Thu Apr 3, 2014, 07:24 PM
Apr 2014

AUTOMATED MESSAGE: Results of your Jury Service

On Thu Apr 3, 2014, 10:55 PM an alert was sent on the following post:

You don't know if people who are depressed should be allowed to vote?
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=4776889

REASON FOR ALERT

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.

ALERTER'S COMMENTS

Personal attack. ( last sentence ).

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Thu Apr 3, 2014, 10:59 PM, and the Jury voted 0-7 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #2 voted to LEAVE IT ALONE
Explanation: Not an attack. Chill, alerter.
Juror #3 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #4 voted to LEAVE IT ALONE
Explanation: I don't see any indication of a personal attack.
Juror #5 voted to LEAVE IT ALONE
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Juror #6 voted to LEAVE IT ALONE
Explanation: Maybe not very nice, but not a TOS violation .
Juror #7 voted to LEAVE IT ALONE
Explanation: Stupid alert.

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

deathrind

(1,786 posts)
181. Go after the ammo.
Thu Apr 3, 2014, 04:34 PM
Apr 2014

Humans have provided more than enough evidence that firearm ownership is a detriment to society it is time to heavily restrict or ban altogether this detriment as we have done with other detriments such as drugs. However since the firearm is protected by the 2nd amendment there is not much that can be done to restrict them but the 2nd says nothing about ammo so there is a lot of room there to enact legislation that would neuter the protected firearm.

Heddi

(18,312 posts)
197. One would think that all your Nursing School training would educated you on mental illness
Thu Apr 3, 2014, 06:04 PM
Apr 2014

which would have hopefully given you insight into mental illnesses, which would have (hopefully) taught you to have empathy for people with mental illnesses.

But that didn't happen.

Up above, in post 175, you state:

"A lot of depressed people become not only suicidal but psychotic and homicidal.

Read a bit more about it."

But that isn't true at all. You are the one that needs to "read more about it"

Of course, this wouldn't be the first time that you've said things that no self-respecting Nursing Student (or RN for that matter) would ever state or imply.

The things you've written here are based on ignorance and bigotry towards the mentally ill.

And I'm sure you're aware that "depression" isn't a permanent state of mind. It's also not one that can be easily considered "cured." Many people who are diagnosed with depression have times when their depression is very disruptive to life, and times when its not. There are people for whom medication works well, and others who have no change with medication.

So once someone is labeled "mentally ill" or "depressed," what kind of hoops do they have to go through to prove that they are no longer depressed? THere's no blood tests, no paper tests, no xrays that can be done.

Are they marked for life?

What about situational depression from the death of a loved one or loss of a job.

You're suggesting things that will further stigmatize mental illness, and decrease the chances that people get the help they need.

You mention that EMR's will be the answer. What if a dr just flippantly states I have a depressed mood. Is that "depression?" How will patients ever have a chance to know whether they've been labeled fairly or unfairly? Will there be a process to clear their name?

http://abcnews.go.com/Health/DepressionOverview/relationship-depression-violence/story?id=4360759
Question: What is the relationship between depression and violence?

Answer: The relationship between depression and violence is relatively poorly studied. But the major fact of the matter is that depressed patients by and large are not at risk for violence. Most psychiatric patients who commit violence are patients who are psychotic and only a small number of depressed patients are psychotic.

https://www.mdguidelines.com/depressive-psychosis
Incidence and Prevalence:Approximately 10% to 25% of women and 5% to 12% of men are at a lifetime risk for developing a major depressive disorder, with only a small percentage of those exhibiting psychotic features.

http://www.cmha.ca/mental_health/violence-and-mental-illness/#.Uz3aia1dXUU

As a group, people with mental health issues are not more violent than any other group in our society. The majority of crimes are not committed by people with psychiatric illness, and multiple studies have proven that there is very little relationship between most of these diseases and violence. The real issue is the fact that people with mental illness are two and a half to four times more likely to be the victims of violence than any other group in our society.


But you already knew all this already....

 

darkangel218

(13,985 posts)
202. Are you ever going to stop your personal attacks and have an honest conversation?
Thu Apr 3, 2014, 06:58 PM
Apr 2014

I didn't think so.

Heddi

(18,312 posts)
205. Are you ever going to address the points I bring up when i counter your nonsense?
Thu Apr 3, 2014, 07:04 PM
Apr 2014

I didn't think so

 

darkangel218

(13,985 posts)
208. You just fuking called me a bigot a sentence down.
Thu Apr 3, 2014, 07:11 PM
Apr 2014

Screw this. Either have an adult discussion or don't. I not going to bite into your drama claim bait. Let me know when you're ready, Until then you're blocked.

Heddi

(18,312 posts)
212. I said your views towards the mentally ill were bigoted and ill-informed
Thu Apr 3, 2014, 07:31 PM
Apr 2014

which they are. The mentally ill (specifically people with depression) aren't more likely to commit violence, they're more likely to be the VICTIMS of violence.

This has been pointed out to you many times in this thread.

You don't care.

You also don't think the mentally ill should be allowed to vote. TO FUCKING VOTE.



That is a bigoted thought. There is no reason why people with mental illness shouldn't be allowed to vote.

If you can't see why your repeated smears against people with mental illness in your thread, especially given the fact that you have gone to nursing school and may or may not be an RN, are bigoted, then there is nothing I Can do to help you

 

darkangel218

(13,985 posts)
206. Your continual personal attacks against me are disgusting.
Thu Apr 3, 2014, 07:07 PM
Apr 2014

Calling me a bigot because I said severely depressed people shouldnt own a gun is also disgusting. Do you have any idea how many have died because they had access to or were able to purchase firearms?. You claim you have healthcare training. If you did, should know your stats.
Quit your personal attacks and try to have an honest dialogue for once.



Heddi

(18,312 posts)
218. Post the stats if you're so sure of them. I am in healthcare and I am much more aware of the reality
Thu Apr 3, 2014, 07:48 PM
Apr 2014

of mental illness than you are.

Please. Post the stats to back up your repeated statements that the mentally ill (specifically those with depression) are more likely to participate in violent acts against others, and that the majority of gun-related killings are caused by people with mental illness, specifically depression.

YOU make the claim, YOU back it up. I've already provided links that show that those with mental illness are NOT more likely to be involved with violent crimes. Now it's your turn

 

idendoit

(505 posts)
211. Tell that to all the non violent people with a mental illness diagnosis.
Thu Apr 3, 2014, 07:27 PM
Apr 2014

You would deny those people a basic right to own a firearm to defend themselves, based on what?

Heddi

(18,312 posts)
219. She also isn't sure if people with depression should be allowed to vote
Thu Apr 3, 2014, 07:49 PM
Apr 2014


I only post the screen cap because she has a known history of self-deleting threads that she finds embarrassing later.

XRubicon

(2,241 posts)
207. People who support the second amendment should be put on severe medication until the condition
Thu Apr 3, 2014, 07:08 PM
Apr 2014

Is resolved.

pacalo

(24,857 posts)
222. I read your OP last night right after you posted it.
Fri Apr 4, 2014, 04:49 AM
Apr 2014

I've come to expect to see divisive opinionated OPs posted regularly by you & this is no different. I just did one of these last night & moved on to something else, but your OP got my attention again when I saw it high on the "most discussed" list.

I wish you had learned more about depression before writing this OP.

Or maybe you know better & your motivation for posting it was to create drama.

That's my impression of your attention seeking. I don't think I'm alone on this.

Response to pacalo (Reply #222)

 

phil89

(1,043 posts)
227. Again with the unsubstantiated stigma-inducing idea
Fri Apr 4, 2014, 07:10 PM
Apr 2014

that mental illness causes violence? It's 2014, right?

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