NICS, Mental Health, and VT

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, Jun 12, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    EOD, or anybody else who has a handle on this, please post here an explanation of the law and what occurred in Va. Please do not just post :bsflag: here. I would like to straighten out what happened.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  3. EOD

    EOD New Member

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    I think the problem is with the law itself. While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported. The new law that is being proposed strengthens NICS quite a bit and provides for punishment of States who do not comply. It will affect a lot of law abiding citizens and assumes one is guilty and you have a chance to petition to have your name removed. We have seen how well this works with the no fly list.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    This is my understanding, but I have not made a careful study, and the media is not accurately reporting details, so . . .

    That is the purpose of this thread.
     
  5. EOD

    EOD New Member

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    Here is our darlings words on the subject.

    http://carolynmccarthy.house.gov/?secti ... itemid=636

    Rep. McCarthy Statement on Agreement Reached on Federal Background Check Improvement Legislation
    Sunday June 10, 2007

    The following is a statement from Rep. Carolyn McCarthy (NY-04) on the agreement reached on the National Instant Criminal Background Check System (NICS) Improvement Act.

    (Washington) "On Friday, the month-long discussions on the National Instant Criminal Background Check System (NICS) Improvement Act reached a conclusion.

    In the wake of the Virginia Tech tragedy, the flaws in the current federal background check system were exposed. The shooter was barred under federal regulations from purchasing a firearm. Unfortunately, a lapse in the mental health records allowed him to slip through the cracks and purchase two handguns.

    While the horrible tragedy at Virginia Tech shed light on the failings of the current system in regards to those mentally adjudicated, we must remember that tens of thousands of convicted felons also slip through the cracks of our deeply flawed background check system each year.

    My legislation will fix the loopholes that have provoked countless tragedies throughout our nation and save lives. Consideration of this legislation is long-overdue, and I regret that it took a tragedy for attention to be paid to such a serious public safety issue.

    I must thank my friend and colleague Congressman John Dingell for his commitment to making sure this agreement was reached. Together, we have crafted a bill that will prevent gun violence, but maintain the 2nd Amendment rights of law-abiding citizens.

    I came to Congress in 1997, in the wake of my own personal tragedy, to help prevent gun violence. Ten years later, I am more committed than ever to this cause. With Friday's agreement, we are one step closer to reducing the needless deaths from gun violence by strengthening the NICS system to ensure guns stay out of the hands of dangerous individuals.â€
     
  6. Gunstar1

    Gunstar1 Administrator

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    Yeah, well she doesn't know what is going on in her bills... did you see that news clip about the barrel shroud? Classic.

    I thought there was a requirement... guess not.
     
  7. EOD

    EOD New Member

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    I could always be wrong. Reading those bills and laws is extremely painful and it doesn't help that most are written by people who have no idea what the are talking about. I am not a lawyer but that is what I got out of hours of reading the stuff.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    We are not going to rely on Sen. McCarthy for our conclusion, are we? :D
     
  9. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    I saw it. She did not even know what a barrel shroud was.
     
  10. Adam5

    Adam5 Atlanta Overwatch

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    Am I the only one here that thinks this number is slightly exagerated?
     
  11. Mobster989

    Mobster989 New Member

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    I saw that one on the internet a few weeks ago. I didn't know what a "barrel shroud" was either. In my head I was thinking what that might be, "That sounds like handguards." Turns out that's what it was. She said something like, "It's that shoulder thing." It'd be nice to have people who have a clue about firearms passing the laws on them.

    "Barrel shroud? That sounds scary, ban it!" :roll:
     
  12. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    You would think. :roll:
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    So, the best answer we have to the original question is contained in the McCarthy post? :?
     
  14. EOD

    EOD New Member

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    If it was already Federal Law that States were required to report the why was no one charged? In the actual law it makes mention of notwithstanding any other law. So since many States had privacy laws the information could not be legally provided to the Fed.

    http://www.examiner.com/a-702178~Melani ... round.html

    States are not required to provide their citizens’ mental health records to the FBI’s National Crime Information Background Check System (NICS). Indeed, many states have privacy laws expressly forbidding such information to be shared. Among the 22 states that turn over mental health records to the feds voluntarily, Virginia leads the nation to date, sending the FBI the mental health records of more than 80,000 Virginians.

    http://usinfo.state.gov/usa/infousa/law ... 025_en.htm

    (e) ADMINISTRATIVE PROVISIONS-
    (1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION-

    Notwithstanding any other law, the Attorney General may secure
    directly from any department or agency of the United States such
    information on persons for whom receipt of a firearm would violate
    subsection (g) or (n) of section 922 of title 18, United States
    Code or State law, as is necessary to enable the system to
    operate in accordance with this section. On request of the
    Attorney General, the head of such department or agency shall
    furnish such information to the system.
     
  15. ptsmith24

    ptsmith24 New Member

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    Then again if they actually understood and appreciated them, they might not be so ban happy. I'm dreaming, I know.
     
  16. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    On the other side of the coin...the truth will set them free.
     
  17. Mobster989

    Mobster989 New Member

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    An education couldn't be bad. If they were educated they would see how pointless their prized '94 assault weapons ban was. They would realize that a folding stock does not increase the amount of damage you can do with a rifle. They would understand that fully auto does not increase the potency of criminals. They would see that a shorter barrel on a shotgun doesn't greatly increase the effectiveness. They might even understand that guns help people be more equal.

    It's true that a good majority of those people who are against guns or hate them are ignorant to them. I don't know if you could convince some of them though. They've been stuck inside of their liberal shell for so long it might be beyond all hope.