“Doesn't matter as both a bow and a firearm are indeed arms. Pretty sure there is no mention in the constitution, nor any legal precedent, for your right to board any form of transportation you choose...though again you do have the right to cross state lines so long as it is not with the intent(or in the process) of committing a crime.
If you want to address my original point, that this was a failure of the mental health system, feel free...otherwise I have reached my boredom threshold.”
fredvh on May 31, 2014 at 08:17:39
“and there is not court case limiting the form of transportation is there?
the constitution gives our rights....not limits them.
yes. i already did. it was a failure of mental health system as well as weak gun laws.”
“Right...imaginary state law, even better. While we are talking about laws that either no longer exist or never did, how about the ones from earlier last century that allowed for involuntary commitment essentially at the will of the family or court.”
“To be fair, anyone dressed in a hoodie, sweats and gloves in Miami in the middle of summer probably deserves the description "suspicious". Just sayin'/”
AnuWoman on May 30, 2014 at 14:25:42
“You are not being fair.
According to the report filled out by the officer, he was "wearing gray sweatpants, a red hoodie and black gloves” giving the police "just cause” to question him. In the report, he was labeled a "suspicious person.”
------>He was an 11-year-old boy on his way to football practice.”
“The police in this case had full information, a request from the family and were contacted by his mental health professional and couldn't commit him, even for 72 hours. You are correct, it could have been stopped. This was a failure of the mental health system and laws.”
“I imagine the ACLU would have freaked as well, though I'm not familiar with the exact legislation you are speaking of. Infringing on private rights without a court being involved is problematic...no matter the specific right involved, especially when no crime has been committed.”
fredvh on May 29, 2014 at 18:34:04
“it happens all the time.
for instance, being arrested and your car impounded if you refuse a breath test.”
“Considering that in this case the young man still wouldn't have been banned from owning firearms as the mental health system failed in advance, I'm not sure what your point is.”
fredvh on May 29, 2014 at 14:48:08
“my point is the NRA was also against the proposed 2010 law which would have allowed authorities to temporarily confiscate guns from someone who was deemed dangerous until a court could hold a hearing.
but the GOP and NRA freaked”
“By this do you mean the requirement that there be a legal avenue for the individual to get their name removed from the list if it is there erroneously?
NICS reporting was always voluntary on the part of the states...they just lose their funding if they don't report a significant percentage(90% comes to mind, but it's been a while so feel free to double check me).”
fredvh on May 29, 2014 at 14:35:04
“if someone is put on this list due to error, yes. they can appeal
just like someone can appeal any other reason they fail a background check.”
“Regardless of your emotional response, had the young man been committed he would have been banned by federal law from purchasing a firearm. Exactly what law do you feel would have effected his purchasing firearms without there first being a serious legal inquiry into his competence?”
“The FBI's NICS system ties the databases together. Had this young man been found mentally ill(legally mind you) he would have been banned from purchasing a firearm. Don't have an answer on the mental health side. Doubt there will ever be an effective system in regards to mental health issues without violating individual rights...not in regards to guns as a note, but in regards to involuntary commitment. The ACLU would be all over any attempt to abridge those rights.
Pretty sure the NRA doesn't spend a nickel lobbying for a ban on involuntary commitment of mentally ill individuals.”
"The Gun Control Act of 1968 prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.”1 Such persons are prohibited from possessing firearms.2"
"The NICS system includes three federal databases; two of these – the Interstate Identification Index (“III”) and the NICS Index – contain information used to determine whether a person is disqualified from possessing firearms on the basis of mental health. The III includes mental health information that states have reported to the FBI as part of their criminal history records, such as findings of not guilty by reason of insanity or incompetence to stand trial. The NICS Index includes two files into which federal agencies and the states can enter information about individuals who have a disqualifying mental health history – the Mental Defective File and the Denied Persons File.12 The Denied Persons File includes the names of individuals who are prohibited from purchasing a firearm but does not identify the reason they are prohibited.13 Hence, states may avoid transferring private mental health information by identifying persons to NICS as prohibited purchasers without indicating that they are denied due to a mental health history.14"”