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Some With Histories of Mental Illness Petition to Get Their Gun Rights Back

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Can somebody explain to me how it makes sense to allow mentally ill people to own guns?
This entire process needs to be cleaned up.


15 years ago I was hospitalized involuntarily in the state of PA (a 302) and lost my rights.
4 years ago (11 years after that event) I went to court and had my rights restored.
I had to be evaluated by a reputable psychologist and had a court hearing.
I was found to be a sound minded, responsible person and the judge did what he should have and restored my rights.
Do you really feel that anyone that loses their rights for any reason of mental instability should be banned forever from ever being able to purchase or own firearms?



Did you read the article?

Does it seem as if what you had to go through was equivalent to what the individuals in the article did?

I'm not saying, nor have I ever said, a person should categorically be unable to recover their rights. What I said was exactly what you quoted.

IF an individual that has been denied gun ownership due to their mental illness can show, as it appears you did, they're no longer a person to be concerned about, then yes, fine.

HOWEVER, that doesn't appear to be what is currently happening in a growing trend of cases.
quade -
The World's Most Boring Skydiver

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Did you read the article?

Does it seem as if what you had to go through was equivalent to what the individuals in the article did?

I'm not saying, nor have I ever said a person should be unable to recover their rights. What I said was exactly what you quoted.

IF an individual that has been denied gun ownership due to their mental illness can show, as it appears you did, they're no longer a person to be concerned about, then yes, fine.

HOWEVER, that doesn't appear to be what is currently happening in a growing trend of cases.



I did. I dont believe that a person should lose their rights without due process.
In most states any involuntary hospitalization is enough to cause one to lose a constitutionally protected right with no due process.

A medical doctor can commit a person to involuntary inpatient treatment for "observation" for 72 hours and regardless of the result of that observation,
the persons 2nd amendment rights are gone. No court or legal proceeding is ever involved.

I dont personally hold with violating the rights of a few to protect people from what people are afraid someone might do.

Thats a very ugly and very slippery slope.

I do not agree that the case in the article is an accurate representation of how this is handled in the majority of states.

what should have happened here is that Mr. French should have been thoroughly evaluated by a professional mental health expert and a determination made as to whether he was a danger to himself or others, and based on the result of that evaluation a determination should have been made by a judge as to whether or not he should be allowed to maintain possession of his firearms.

A judge should not be making determinations as to the mental health of a person.

In PA you dont even need a judge. A doctor sends you for observation and BAM, rights gone. A very lengthy and expensive legal process is required to have your rights restored.

It IS a mess, I agree. Its not a uniform mess either. Every state has their own messy way of handling it
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I like what Chris said. His rights were taken from him arbitrarily and he had to go through a process to restore them. Chris suggested that instead of proving your responsibility with weapons that perhaps the burden should be on the government to prove that you are not.

Chris had his rights taken after not having committed any crime. After no adjudication of his status. Just an involuntary hold - 72 hours from he he was penalized for fifteen years. This is what passes for "rights" nowadays.

How would people react to, say, stripping the right to vote from someone who has been accused of being mentally ill? How about stripping the right to be free of warrantless searches and seizures? Trial by jury? Fifth Amendment? The right to petition?

It is because people feel that the Second Amendment is not deserving of equal dignity with other Constitutional protections.


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>How would people react to, say, stripping the right to vote from someone
>who has been accused of being mentally ill?

Someone who cannot tell right from wrong should not be voting.

>How about stripping the right to be free of warrantless searches and
>seizures?

Same thing. Imagine a profoundly demented patient who (they suspect) has stolen a syringe of morphine, and is now wandering around singing "Tuxedo Junction." Should they not search his pockets to discover if he has done that, for fear of violating his Fourth Amendment rights?

Sanity is a necessary prerequisite for the exercise of many rights.

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It is because people feel that the Second Amendment is not deserving of equal dignity with other Constitutional protections.



Are you saying the NRA has been wrong all these years in their position that guns shouldn't be in the hands of crazy people?

Doesn't your position weaken the idea of responsible gun ownership?
quade -
The World's Most Boring Skydiver

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Sanity is a necessary prerequisite for the exercise of many rights.



Actually its not. We are not required to prove that we are sane in order to vote or buy firearms.

I'm sure many people feel that we should have to, but then it wouldnt be a "right", would it? :)

Its more accurate to say that sanity is a necessary prerequisite for the safe and responsible exercise of many rights

I dont necessarily disagree with your sentiment, BUT I believe that if rights are going to be revoked or ignored based on a perceived lack of sanity, then it should be a very temporary measure, after which, to extend or make such a disability permanent, then lack of sanity needs to be clearly established by a body that is able to make such a judgment before said right is revoked, AND that a reasonable (and affordable) process whereby one can have relief from said disability should the ones mental status change for the better (this can absolutely happen) should also be available.

Thats not usually the case. It certainly wasn't in my own case.
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How would people react to, say, stripping the right to vote from someone who has been accused of being mentally ill? How about stripping the right to be free of warrantless searches and seizures? Trial by jury? Fifth Amendment? The right to petition?

It is because people feel that the Second Amendment is not deserving of equal dignity with other Constitutional protections.



On the whole it seems that a loonie with a gun is slightly more of an immediate risk to society than a loonie with a vote.
...

The only sure way to survive a canopy collision is not to have one.

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On the whole it seems that a loonie with a gun is slightly more of an immediate risk to society than a loonie with a vote.



Enough loonies that can vote regularly put really bad people in positions that have directly lead to the deaths of vast numbers of human beings.

I think both conservatives AND liberals can agree with this. They will just have different opinions about who the loonies are and who the "bad people" are ;)

A loonie with a gun is pretty benign by comparison even if the risk is more immediate ;)
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It is because people feel that the Second Amendment is not deserving of equal dignity with other Constitutional protections.



Are you saying the NRA has been wrong all these years in their position that guns shouldn't be in the hands of crazy people?

Doesn't your position weaken the idea of responsible gun ownership?



Thats not what he said.

Guns shouldn't be in the hands of crazy people. However, the method by which "crazy" is determined is capricious, unreasonable, and frequently grossly inaccurate. Determinations regarding individuals mental status are being made by people that are completely unqualified to make such determinations
and they lose their rights as a result.

We are talking about a constitutionally protected right here, not a drivers license.

It should absolutely not be abridged unless a fair and thorough assessment of a persons mental status has been conducted by qualified individuals and they determine that the individual presents a clear danger to themselves or others, and then a court of law can act on the recommendations of the mental health professionals.
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>It should absolutely not be abridged unless a fair and thorough
>assessment of a persons mental status has been conducted by qualified
>individuals and they determine that the individual presents a clear danger
>to themselves or others, and then a court of law can act on the
>recommendations of the mental health professionals.

As long as there is a way to do it quickly in an emergency, then no problems there.

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>It should absolutely not be abridged unless a fair and thorough
>assessment of a persons mental status has been conducted by qualified
>individuals and they determine that the individual presents a clear danger
>to themselves or others, and then a court of law can act on the
>recommendations of the mental health professionals.

As long as there is a way to do it quickly in an emergency, then no problems there.



I agree. That why I stated earlier that a temporary, immediate suspension would not bother me at all. This should be followed up with a more thorough evaluation and if the individual is found to present no danger to themselves or others then this suspension should expire and not be made permanent.

In my case my rights were simply gone and the fact that I was NOT found to be a danger to myself or others did nothing to change that fact. I went to the ER
one night very drunk with a bad laceration on my wrist that the ER doctor thought might have been self inflicted. He had me committed involuntarily for 72 hours of observation. The reality on this occasion was that I had put my hand through a window because the glass was so freakin clean I thought the window was open. (and I was super drunk)

Ding! An overly cautious ER doctor effectively revoked my 2nd amendment rights.

I then had to wait a long time and fight a very costly
battle in the courts to have my rights that should never have been revoked restored to me. All told it cost me about $6000.00

For many the cost of this process is more than they can manage so they remain without this fundamental right.

This is SOP in Pennsylvania and many other states as well.
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I'm really saddened that it is seems to be the most intelligent and educated who believe that human rights/Constitutional rights are not for the mentally ill.

A person is suspected of committing a murder. There has to be information listed for a warrant and a warrant issued for his arrest. A person stands accused of being mentally ill? Lock him up immediately for he may commit a murder.

The murder suspect may have contraband in his apartment and a warrant is needed. Mentally ill? Don't deserve a warrant for this person may be dangerous?

A person is on trial for murder. Can be allowed bail. A mentally ill person? Nope!

That suspected murderer is awaiting trial? He can vote. The mentally ill person? No dice!

The suspected murdered wants a jury trial? He gets it. The mentally ill person? Nope. That person may be dangerous.

A person accused of murder is presumed innocent until proven guilty. The accused mentally ill? Nutters and we know they always deny their illness and denial is a sign of mental illness.

Habeus corpus? Nope. They aren't being imprisoned, right?

You don't strip rights from an accused murderer until convicted - someone who is already suspected of killing somebody. But so many of you think the suspected mentally ill person should have his rights summarily taken until he can prove his fitness to exercise them.

What kind of a sick fucking society do you guys dream of? To those of you who have spoken out against Gitmo abuses, you are advocating that suspected terrorists get more rights than mentally ill. Accused rapists? Child molesters? Robbers? Murderers? None of them rise to the level of threat that people suggest that they should simply prove themselves not guilty.

But mentally ill don't deserve human rights. They are subhuman. They are the lowest. They can't be running around because those PEOPLE might hurt somebody. No, it's not like the person accused of murder - that person was sane when he did it. We're talking about the veteran with PTSD. Those guys should be locked away in institutions.


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>A person stands accused of being mentally ill? Lock him up immediately
>for he may commit a murder.

Why would you lock him up? Unless he's presenting a danger to others, why not allow him all the freedom he is capable of exercising?

>But mentally ill don't deserve human rights. They are subhuman.

I think some straw might be leaking out of your guy, there.

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But mentally ill don't deserve human rights. They are subhuman.



In a court of law, do judges allow you to make such wild leaps?

You've used the term several times in this thread, but to my knowledge, nobody else has suggested they're "subhuman."

What's that called? Leading a witness?
quade -
The World's Most Boring Skydiver

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[Reply] >A person stands accused of being mentally ill? Lock him up immediately
>for he may commit a murder.

Why would you lock him up? Unless he's presenting a danger to others, why not allow him all the freedom he is capable of exercising?



Why not allow him all of his freedoms unless he DOES something that shows he is a threat? Why take away his second amendment rights unless it is adjudicated that he does not have the right? Wh abrogate the rate by caprice and make him fight to restore his right? Why do you advocate that a mentally ill person should not be free from warrantless searches and seizures?

Here's an example - Neil deGrassie Tyson commented on the astronomers - professional and amateur. These are people whose job it is to look in the sky. They step outside and look up. It's their passion - looking up. And they do it all the time.

Now - you'd think that people who are always looking up would have a higher incidence of reporting UFOs than the general population. After all, if a cosmologist looks in the sky 10 times longer than the average person, you'd think that ten times more astronomers - on average - would report UFOs. But actually, the rate is far less.

The reason lies in the "U" of "UFO." Yep, the "Unidentified part." In other words, "WE KNOW WHAT THE HELL WE'RE LOOKING AT!" So a guy is talking jibberish to an imaginary bear. How the hell does that mean that he has no right to a gun? "Well, he may want to kill the bear with it!"

Then he would have taken his gun and shot at the imaginary bear. My wife is a psychiatrist. You may view this person as a threat when she wouldn't. You know why? Because she knows what the hell she's looking at. And you know, a person with schizophrenia can decline medication. Because under the law they are considered sane enough to make that choice. If there is a significant enough problem, then a judge may order that a person be given psychotropic medications against his will. However, it is not a matter of giving a mentally ill person psychotropic medications against his will and then requiring that person to prove that he doesn't need them.

It's about rights.

[Reply]
>But mentally ill don't deserve human rights. They are subhuman.

I think some straw might be leaking out of your guy, there



When you argue that someone is not entitled to human right, you are by necessity that they are subhuman. You yourself stated that the exercise of many rights is predicated on sanity. Hence, you specifically argued that the insane are not entitled to be free of warrantless seizure.

Straw man argument? Torture the insane. Freedom from cruel and unusual punishment doesn't apply to them.


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Sanity is a necessary prerequisite for the exercise of many rights.



Wrong. The constitution does not apply to only "sane" people. The constitution protects us all: Black, white, yellow, tall, small, married, divorced, gay, straight, diabetics, HIV, cardiovascular patients, smokers, drinkers, bipolar disordered people and schizophrenics. I am not comfortable with taking away someone's rights because he/she has a mental illness. While there have been times where I have had to admit someone involuntarily, or medicate them involuntarily, I have not done so simply because they are "insane." I can only take away those rights if they are "a danger to others, a danger to him/her self, or unable to provide the basic necessities of life such as food, clothing, shelter or capacity to make and understand health care decisions.

One can be "crazy" but still understand his health care decisions, or be functional in society. I have had plenty of psychotic individuals, who have chosen not to take medications for their illness because of side-effects, etc and they have had legitimate concerns over long term side-effects. Just because my patient was hearing voices, did not mean that that patient was not capable of making decisions for himself.

For Billvon and Quade, I suggest you read The Quiet Room by Lori Schiller and Amanda Bennett so that you can gain a little insight towards the life of a schizophrenic patient. Neither of you have any empathy nor any understanding of severe mental illnesses. Do yourself a favor and educate yourself. NAMI is another good resource for the two of you. I am appalled by your ignorance.

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But mentally ill don't deserve human rights. They are subhuman.



In a court of law, do judges allow you to make such wild leaps?

You've used the term several times in this thread, but to my knowledge, nobody else has suggested they're "subhuman."

What's that called? Leading a witness?



Because when all people are entitled to certain rights, then they are called "human rights.". When something is not entitled to these rights, it therefore must not be human.

All people are guaranteed rights under the Constituition. For you or anyone else to argue that they shouldn't receive those rights means that they are subhuman. "They aren't people.".

I'm hearing the same said of mentally ill as was said about blacks throughout history. "Can't have a nigger running around! He might kill a white woman."
"What about his Constitutional rights?"
"He's a nigger. He can't exercise his rights responsibly."


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And another thing Quade...In the original article regarding Mr. Bear-talking-man, he was evaluated by a psychiatrist who considered his symptoms controlled with treatment. The judge took into consideration the direction of the psychiatrist. I know plenty of Bipolar patients who hold very high profile jobs making very high profile decisions and life and death decisions, when under treatment and taking their medications. I know many a surgeon with bipolar disorder, doing very well and delivering quality care to their patients, while in treatment.

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But mentally ill don't deserve human rights. They are subhuman.


In a court of law, do judges allow you to make such wild leaps?
You've used the term several times in this thread, but to my knowledge, nobody else has suggested they're "subhuman."
What's that called? Leading a witness?


Because when all people are entitled to certain rights, then they are called "human rights.". When something is not entitled to these rights, it therefore must not be human.
All people are guaranteed rights under the Constituition. For you or anyone else to argue that they shouldn't receive those rights means that they are subhuman. "They aren't people.".
I'm hearing the same said of mentally ill as was said about blacks throughout history. "Can't have a nigger running around! He might kill a white woman."
"What about his Constitutional rights?"
"He's a nigger. He can't exercise his rights responsibly."



Nonsense and as a lawyer you should know better. Shame on you.

A person under suspicion of murder can easily be taken into jail where I'm nearly certain he'll have quite a few rights except one in particular; the right to have a gun.

That doesn't mean he's "subhuman." It means that under certain circumstances people do, in fact, lose that right.

If convicted, he further loses his right to own a gun forever, whether or not he's kept in jail or paroled.

If paroled and without the right to a gun, does THAT make him "subhuman"? Nonsense.

Or am I wrong?
quade -
The World's Most Boring Skydiver

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Paul - the guy is deprived of his gun after establishing probable cause that he committed a crime. Didn't happen with bear guy. No crime was even alleged.

what happens if the defendant is found not guilty? Oh. That's right! He gets his gun back. If a person is found to have not committed a crime, that person gets all rights.

You suggest that the person who isn't even charged with a crime be equated with a person found guilty. What crime did the guy in your original post commit? And what on earth did a gun have to do with anything that guy was accused of doing?

Committed no crime and did not use a weapon in whatever he did. And he got his gun back. For that you are outraged.

Yep. Policy by stigma... When discussing wild leaps - see your initial post.

Ps - a person who was paroled was in prison. That means felony. Convicted of a felony. It's pretty well established that felons and weapons don't go together. The mentally ill - who have committed no crime - do not deserve this treatment, do they? You make the leap between paroled felon and mentally ill person who committed no crime? What's this about "leaps?"

Pps - paroled means released with conditions. The release is subject to conditions, such as a waiver of fourth amendment protections against unwarranted searches, you equate a mentally ill person with a convicyed felon who agreed to a waiver of rihts as a condition of release from prison? What's this about leaps?

Finally - the person arrested for a felony has been arraigned. Due process, yes? Yep. He has the opportunity to argue before a judge BEFORE his weapons are seized. The mentally ill guy who wasn't even before a judge before his weapons were seized?

I love how you rquate mental illness with felony. It proves my point. "We do it to felons after judicial process. We should just do it to the mentally ill without judicial process."

How about equating the mentally ill with a diabetic? You've got a closer fit.


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>Wrong. The constitution does not apply to only "sane" people.

Many parts of it do indeed only apply to sane people. That's why there is a mechanism to remove some of the rights of insane people.

>I can only take away those rights if they are "a danger to others, a danger
> to him/her self, or unable to provide the basic necessities of life such as
>?food, clothing, shelter or capacity to make and understand health care
> decisions.

WHAT? You want to deny someone who has trouble eating the right to LIFE? What are you going to do, tell them they can't live out their lives unless they eat what you want them to?

But again, seriously, I know you understand this and are just arguing to argue. You've just said the same thing that I was saying above. Indeed, you're a bit more restrictive than I am; you would take away their rights if they simply cannot understand health care decisions, which is a much larger set than the set of people who threaten violence or cannot understand right and wrong.

>Just because my patient was hearing voices, did not mean that that
>patient was not capable of making decisions for himself.

Of course. But if he told you "I was told by God to get my gun and kill my crazy bitch of a wife, and then kill myself" I have a feeling you wouldn't say "well, nothing more I can do here; you're free to go."

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I love how you rquate mental illness with felony. It proves my point. "We do it to felons after judicial process . . ."



Wrong again counselor, we do it as part of the process before we even make the ultimate determination of guilt.

Once it's determined a person isn't a threat, rights are restored.

The original article points out that in the case of the mentally ill, the determination process is messed up.
quade -
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Once it's determined a person isn't a threat, rights are restored.

The original article points out that in the case of the mentally ill, the determination process is messed up.



As is the restoration of rights that are erroneously revoked.
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