Romeo 33 Delta
Member
- Joined
- Apr 17, 2011
- Messages
- 402
This is an area with which I have NO KNOWLEDGE. I'm searching for answers and this is intended to be a SERIOUS question on my part. The following is not intended to be 100% correct and I've made certain assumptions ... but the point is to find out what our members think.
In terms of disqualifying a person from owning a firearm, it seems to be rather straight forward when we speak of what I'll call "contact with the legal system". Generally, if you are found guilty of commission of a felony, you are disqualified. Correct? I know we also have things like "domestic violence" which I believe is not ever/not always a felony, but it is still a rather clear line. (I'm NOT making a judgement on whether or not I think it's proper to be disqualified for a misdemeanor offense).
There are various stages of contact with the legal system: As a suspect, you are investigated, possibly detained for some brief period. Then, if authorities think they have something, you are arrested. If not, you are released. The DA then determines if they have sufficient evidence for a trial. It may be determined they don't and you are released. Then you have a trial where you are found either guilty or not guilty. If not guilty, you are released.
The point I'm getting at is that there are these various levels of contact with the legal system and each level represents a more serious contact, but each level also has an "escape loop" if you will in that the authorities at any point can make a determination not to take it further up the chain. It also appears to be very clear cut; there are clearly established lines of demarcation and only the last level of contact results in disqualification, depending on that outcome.
We now have increasing demands for better cooperation between agencies concerning sharing of mental health records, with the same insistence on cooperation between states. It's a daily drumbeat: "People with mental problems shouldn't be allowed to own guns". Now, I don't think people with dangerous mental problems should own or have access to guns (among other things) but this is where I start having a problem.
1. Exactly what is a "dangerous mental problem"?
2. Does the equivalent of the legal definition of "felony" exist in mental health in terms of being a disqualifying line?
3. It appears that any number of mass murderers have been perscribed various drugs. Can the use of certain drugs be used to draw a disqualifying line?
4. Isn't it wrong to deny a person an individual, fundamental right just because they might do something illegal at some point?
I don't even know how to phrase this next question so it doesn't sound inflamatory ... so here goes: Mr. X is on a drug which permits him to function in society.
Is there any positive proof that if Mr X stops taking the drug that he will become criminally dangerous?
Who checks up on Mr X to see that he is taking the drug as perscribed?
Will Mr. X ever get to the point where he is "cured" and no longer needs the drug?
If yes, does that mean he can't be allowed to own firearms while under treatment, but once "cured" he is no longer disqualified since he's no longer a danger?
Who makes that decision? Do those decisions have the same level of clearly defined line that exists in the legal system?
As there are various levels of contact with the legal system that do not result in disqualification, what are the levels of contact with the Mental Health system that are equivalent, if any? If not, then how can one fairly separate the different kinds of contact?
These are some of the questions that were tossed back and forth during a recent discussion a group of us had. None of us in the group have had contact with either the Legal or Mental Health system so we couldn't go further than just raising one question after another. Friends ... please contribute. I don't need to know anything of a personal nature. I think you can see that from the tone of the questions. I'm concerned about this because of the media hype and the apparent lack of knowledge on the subject. I think that someone like Lanza should have been disqualified, but I also do not want to see a point where just because you've had some level of contact with the system that you become disqualified. I see that as a real danger in this present climate that demands that the politicans do something ... anything ... even if it doesn't work. Just do something!
In terms of disqualifying a person from owning a firearm, it seems to be rather straight forward when we speak of what I'll call "contact with the legal system". Generally, if you are found guilty of commission of a felony, you are disqualified. Correct? I know we also have things like "domestic violence" which I believe is not ever/not always a felony, but it is still a rather clear line. (I'm NOT making a judgement on whether or not I think it's proper to be disqualified for a misdemeanor offense).
There are various stages of contact with the legal system: As a suspect, you are investigated, possibly detained for some brief period. Then, if authorities think they have something, you are arrested. If not, you are released. The DA then determines if they have sufficient evidence for a trial. It may be determined they don't and you are released. Then you have a trial where you are found either guilty or not guilty. If not guilty, you are released.
The point I'm getting at is that there are these various levels of contact with the legal system and each level represents a more serious contact, but each level also has an "escape loop" if you will in that the authorities at any point can make a determination not to take it further up the chain. It also appears to be very clear cut; there are clearly established lines of demarcation and only the last level of contact results in disqualification, depending on that outcome.
We now have increasing demands for better cooperation between agencies concerning sharing of mental health records, with the same insistence on cooperation between states. It's a daily drumbeat: "People with mental problems shouldn't be allowed to own guns". Now, I don't think people with dangerous mental problems should own or have access to guns (among other things) but this is where I start having a problem.
1. Exactly what is a "dangerous mental problem"?
2. Does the equivalent of the legal definition of "felony" exist in mental health in terms of being a disqualifying line?
3. It appears that any number of mass murderers have been perscribed various drugs. Can the use of certain drugs be used to draw a disqualifying line?
4. Isn't it wrong to deny a person an individual, fundamental right just because they might do something illegal at some point?
I don't even know how to phrase this next question so it doesn't sound inflamatory ... so here goes: Mr. X is on a drug which permits him to function in society.
Is there any positive proof that if Mr X stops taking the drug that he will become criminally dangerous?
Who checks up on Mr X to see that he is taking the drug as perscribed?
Will Mr. X ever get to the point where he is "cured" and no longer needs the drug?
If yes, does that mean he can't be allowed to own firearms while under treatment, but once "cured" he is no longer disqualified since he's no longer a danger?
Who makes that decision? Do those decisions have the same level of clearly defined line that exists in the legal system?
As there are various levels of contact with the legal system that do not result in disqualification, what are the levels of contact with the Mental Health system that are equivalent, if any? If not, then how can one fairly separate the different kinds of contact?
These are some of the questions that were tossed back and forth during a recent discussion a group of us had. None of us in the group have had contact with either the Legal or Mental Health system so we couldn't go further than just raising one question after another. Friends ... please contribute. I don't need to know anything of a personal nature. I think you can see that from the tone of the questions. I'm concerned about this because of the media hype and the apparent lack of knowledge on the subject. I think that someone like Lanza should have been disqualified, but I also do not want to see a point where just because you've had some level of contact with the system that you become disqualified. I see that as a real danger in this present climate that demands that the politicans do something ... anything ... even if it doesn't work. Just do something!