bogie said:
If so, do we need ANOTHER law, or do we need to worry about maybe making the existing law actually function?
The issue is that only 22 states currently even have computerized databases on people who have been involuntarily committed/adjudicated mental defective. Since Printz v. U.S. (original Brady Bill) held that Congress cannot commandeer the resources of state officials to enact a federal law in this circumstance, Congress must either bribe the states (more federal funds) to report this information or extort the states (withhold federal funds). This bill does both; but it also changes the definition used for misdemeanor domestic violence slightly and gives the states incentive to report records that are not truly relevant.
bdutton said:
I believe that there already is an appeal process to have your name removed from the NICS 'list'.
The appeal process only works if your name was included on the NICS list wrongly (i.e. I am "John A. Smith, SSN: 123-45-6789 - the guy who is denied is John A. Smith, SSN: 123-45-6780). If you were adjudicated mentally ill in 1970; but have lived for the past 37 years with no problems with the law or mental illness you are still prohibited from owning a firearm and there is no way to appeal it.
I agree. I think it would have helped if Cho had failed a NICS check as the original NICS law intended.
He might have, he might not. The court cases on the subject have only dealt with what is defined by "involuntary commitment." The government has never tried to argue that being found a danger to yourself or others (adjudicated mentally defective) under the standards used to commit Cho is a violation of 922(g). It is a grey area in law and past case law suggests that the regulation might not pass the scrutiny of the court. It seems the main problem here is that Cho had more of a preliminary hearing than an actual adjudication of his status. If that is the case, then NICS still would not have caught him.
I personally wouldn't support H.R. 297 myself and I would let the NRA know why I didn't support it; but on the other hand I don't think the law should be pulbicly renounced by the NRA either. It is bad politics and serves no purpose when the bill will die easily enough on its own. Think of how tough a sell this issue is on a board like THR that is filled with gun owners... it surely isn't going to sell any better to the general public unless somebody can figure out some very compelling arguments (which I have not yet seen).
I think the NRA should take the position that they will support the bill if:
1) The incentive to include ANY or ALL relevant records is removed and states do not get credit for records that are determined not to be relevant to a 922 determination
2) The definition of misdemeanor domestic violence is left as it is currently instead of being broadened in a sneaky, underhanded fashion
3) Funding for relief from disability is restored by Congress
Those are all rational arguments you can defend in the public arena and that the antis cannot easily discount. Issue #3, while being a basic idea of justice in our society is probably also a poison pill for the chances of this bill passing since both Republican and Democrat Congress have refused to do it since 1992.