Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Straw Man

(6,943 posts)
10. Umm ...
Fri Jun 24, 2016, 04:27 PM
Jun 2016
It’s great to see a state take a serious look at gun violence in this country and finally do something to address it. We can only hope that the federal government will eventually do the right thing and take a look at gun control legislation as well.

They're mostly duplicating existing federal legislation -- except for the enrollment in the database, which essentially streamlines the NICS process, but does so at the expense of further empowerment of government tracking of the populace.

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

-- https://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

Recommendations

0 members have recommended this reply (displayed in chronological order):

K N R-ed Faux pas Jun 2016 #1
Good! mwrguy Jun 2016 #2
significant behavioral, emotional, or mental disorder, Press Virginia Jun 2016 #3
I guess this means... orwell Jun 2016 #4
The rich hire security Press Virginia Jun 2016 #7
Hopefully yes!!! Sancho Jun 2016 #9
Since you don't have a right to drive a car, the state can impose a vision standard Press Virginia Jun 2016 #14
Anyone who takes psychoactive medication should be presumed dangerous? Marengo Jun 2016 #16
Evidently Press Virginia Jun 2016 #17
Perhaps a patch in the shape of a capsule on the clothing, with some sort of code... Marengo Jun 2016 #19
And maybe special license plates along with a state registration system Press Virginia Jun 2016 #20
I guess you aren't aware... Sophiegirl Jun 2016 #25
And I guess you can pretend to not understand my point. Marengo Jun 2016 #44
Caffeine is an addictive psychoactive drug, as is nicotine. nt tblue37 Jun 2016 #27
You flipped the question! Grins Jun 2016 #28
So, when people are stigmatized and denied rights because of their controlled Press Virginia Jun 2016 #33
There is no "right" to a gun. Guns don't have "rights". (nt) stone space Jun 2016 #46
Ummm you should look up the use of the word "to" Press Virginia Jun 2016 #52
Stigmatized? Sanity Claws Jun 2016 #51
In other words, you want them presumed dangerous. Marengo Jun 2016 #45
No. NutmegYankee Jun 2016 #29
But what disorders or diseases are they talking about Press Virginia Jun 2016 #32
It's undefined. NutmegYankee Jun 2016 #34
You can't hold a psychiatrist responsible for a mass shooting. YOHABLO Jun 2016 #49
This needs to start somewhere, 80% of Americans wants sensible gun laws, it Thinkingabout Jun 2016 #5
Yeah. We saw how that turned out in 2014 after they refused to act Press Virginia Jun 2016 #8
Recent 9th Circuit Court of Appeal Decision Gave Hawaii Room to Run with This Stallion Jun 2016 #6
Umm ... Straw Man Jun 2016 #10
+1000 nt ProudProgressiveNow Jun 2016 #11
Nice to see... Wounded Bear Jun 2016 #12
I didn't mention it in the article, but white_wolf Jun 2016 #15
Here's an article that kind of portrays that problem... Wounded Bear Jun 2016 #24
No. beevul Jun 2016 #37
And that's the whole point. Indydem Jun 2016 #47
I don't normally do stuff like this, but I wrote this one white_wolf Jun 2016 #13
Nice article, white_wolf! pinboy3niner Jun 2016 #18
Thank you! nt babylonsister Jun 2016 #36
I hope President Obama is taking notes. forest444 Jun 2016 #21
Fuck. The. NRA. Initech Jun 2016 #22
Good, but it could go a bit further. Grins Jun 2016 #23
This message was self-deleted by its author Mosby Jun 2016 #26
Do they really put you in a criminal database? OneCrazyDiamond Jun 2016 #30
It's not a database of criminals, it's an FBI monitoring service Major Nikon Jun 2016 #40
Gotcha. OneCrazyDiamond Jun 2016 #42
I think it is this: OneCrazyDiamond Jun 2016 #43
FBI Rap Back service Major Nikon Jun 2016 #50
Second Amendment TeddyR Jun 2016 #31
K&R! red dog 1 Jun 2016 #35
That database may be a problem. beevul Jun 2016 #38
Lots of states already require firearm registries Major Nikon Jun 2016 #41
OH NOES!!! SLIPPERY SLOPES!!! pansypoo53219 Jun 2016 #39
I am sadly kicking and recc'ing this post hueymahl Jun 2016 #48
this sounds pretty good a few questions though .. The Animator Jun 2016 #53
Alooooooha. KnR Hekate Jun 2016 #54
Latest Discussions»General Discussion»First U.S. State Flips NR...»Reply #10