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View Diary: Navy Yard shooting not likely to make gun-safety advocates' task easier (162 comments)

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  •  Define "dangerous mental condition" (0+ / 0-)

    It's like nailing jello to the wall, trying to get a firm definition on that.

    Is it PTSD?  Asperger's?  Depression, anxiety, suicidal thoughts?  Anger management issues?  A domestic violence incident years ago?  Being a bully or having been bullied in school?

    Who decides what constitutes a "dangerous mental condition"?  Where is the 2nd Amendment right actually voided?  Is that determination permanent for life?  Can it be appealed in court?  The ACLU is fighting to have the No Fly List be challengable in court.  A No Gun List would have to be the same.

    What it can't be is just a doctor's note to some State agency.  It can't be one shrink making a phone call.  It has to be a judgement by a court, maybe even a jury.  

    •  As I said. I support due process in this regard... (2+ / 0-)

      ...Physicians make a determination of what constitutes dangerous and offer diagnoses. Lawyers and legislators determine the legally mandated procedure for including someone on the list of people proscribed by such diagnoses from owning firearms. And, yes, I believe such designations should be appealable in court. But I don't think they should automatically go to court. That is, the designation itself should not start in a court.

      Don't tell me what you believe, show me what you do and I will tell you what you believe.

      by Meteor Blades on Tue Sep 17, 2013 at 10:20:02 AM PDT

      [ Parent ]

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