General Discussion

NutmegYankee

(16,199 posts)

26. I don't think you understand what a background check does

Sat Jan 9, 2016, 04:48 PM

Jan 2016

It checks to verify that you have not been convicted of a crime that prohibits ownership or that you have never been adjudicated as mentally defective (In other words, a court hearing determined that you cannot manage your own affairs and are a danger to yourself or others), which also prohibits ownership.

A person using anti-depressants and seeing a therapist cannot be used to deny someone a gun purchase and is illegal to even report. What the Executive action clarified is that involuntary commitments (court hearing determination as mentally defective) can be reported to the NICS system.

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Highlight:

President Obama saved a lot of lives. Mental health being added to background checks is astounding. [View all] joshcryer Jan 2016 OP

"hey, this guy is on anti-depressants, and is seeing a therapist,"... meaculpa2011 Jan 2016 #1

So sue the gun dealer who decides that is reason enough not to provide a gun. joshcryer Jan 2016 #2

You skipped a step here I think underpants Jan 2016 #9

Exactly LittleBlue Jan 2016 #23

He also can't be a day under ninety if he was old enough to serve in 1944, LeftyMom Jan 2016 #41

He's 93, he doesn't have gun... meaculpa2011 Jan 2016 #48

There's a big difference between "in patient" and "out patient" therapy. briv1016 Jan 2016 #62

One reason people who need therapy won't seek help is that they fear tblue37 Jan 2016 #63

So now some want madville Jan 2016 #3

I have no idea how it'll be implemented. joshcryer Jan 2016 #5

"Nor do I give a shit." Says it all. End of discussion. n/t meaculpa2011 Jan 2016 #7

What a surprise! dumbcat Jan 2016 #18

Your observation does not bother me but my family has a jwirr Jan 2016 #20

All the background check system returns to a dealer... Lizzie Poppet Jan 2016 #16

I stand corrected. joshcryer Jan 2016 #22

Of course there's no stigma against getting help with mental health issues Fumesucker Jan 2016 #4

Yeah, that is truly not going to help. Ed Suspicious Jan 2016 #8

Is there some process to deny a mentally unstable Ed Suspicious Jan 2016 #6

Yes (although depends on State) Nevernose Jan 2016 #17

There are but there is a key difference from this scenario. NutmegYankee Jan 2016 #59

Why astounding? DFW Jan 2016 #10

You'll notice we're not Germany? WinkyDink Jan 2016 #12

Obviously, however: DFW Jan 2016 #19

What about HIPAA? Moreover, what makes anyone think that everyone who "needs" it is on medication? WinkyDink Jan 2016 #11

HIPAA shadowrider Jan 2016 #27

The vast majority of the last -6-? Wow that sounds significant! HereSince1628 Jan 2016 #13

" just catching up on Obama's EO " dumbcat Jan 2016 #14

Yet to listen to some people, here and IRL, you'd think he implemented GGJohn Jan 2016 #15

He directed HHS to do a rule change on mental health reporting. joshcryer Jan 2016 #21

Do you know how rule changes are implemented? dumbcat Jan 2016 #24

You can go to the CFR. joshcryer Jan 2016 #25

"I don't care" dumbcat Jan 2016 #34

I don't think you understand what a background check does NutmegYankee Jan 2016 #26

Should I edit the OP? joshcryer Jan 2016 #28

That's up to you. NutmegYankee Jan 2016 #36

It was a 2 AM drunk post. joshcryer Jan 2016 #39

I'm actually a strong "civil lberties" person NutmegYankee Jan 2016 #40

I edited it. joshcryer Jan 2016 #42

That's fine. NutmegYankee Jan 2016 #43

In retrospect it was a stupid thing I said. joshcryer Jan 2016 #46

What several states have put in place is a method to report that someone is a danger NutmegYankee Jan 2016 #47

To add to NutmegYankee's comment, here's a description of the California law petronius Jan 2016 #50

Good stuff. joshcryer Jan 2016 #51

Civics undergroundpanther Jan 2016 #54

Neck surgery... Nanndoc Feb 2016 #66

Kudos. Perfect analysis. Kang Colby Jan 2016 #57

I had a bipolar friend libodem Jan 2016 #29

Good! deathrind Jan 2016 #30

Good point, that one pilot killed an entire airline of people. joshcryer Jan 2016 #31

It doesn't sit well because it is flat out illegal for the Government to do that. NutmegYankee Jan 2016 #33

The due process deathrind Jan 2016 #44

A background check is not due process. NutmegYankee Jan 2016 #45

Ok deathrind Jan 2016 #49

The Constitution requires a court to make such a decision. NutmegYankee Jan 2016 #52

very well said sweetapogee Jan 2016 #65

I found an article that discusses the HIPAA rule change... Cerridwen Jan 2016 #32

Thanks so much. joshcryer Jan 2016 #35

:) Good to hear, er, read. Cerridwen Jan 2016 #37

This message was self-deleted by its author davidn3600 Jan 2016 #38

I have a weird feeling about this. qwlauren35 Jan 2016 #53

I have a not so weird feeling about this... HereSince1628 Jan 2016 #56

The Mentally Ill have become stigmatized victims of politicians looking for an easy scapegoat. Odin2005 Jan 2016 #60

What steps regarding enforcement are part of this? hifiguy Jan 2016 #55

So hunters with depression can have their guns confiscated by authorities now, wonderful! Odin2005 Jan 2016 #58

That's not what the executive action did. NutmegYankee Jan 2016 #61

Desiring a gun is a pretty blatant sign of a dangerous mental illness. hunter Jan 2016 #64