Friday, June 22, 2007

I've Never Been Much Impressed With WorldNetDaily

And I'm less impressed because of this article:
If the Act passes in the Senate, it would provide grants so states can add the names of criminals to the NICS system, which would label them as unable to own firearms, but it also flags those with medical or psychological issues as unfit to possess a gun.

The plan allows names to be entered into the NICS system based solely on a physician's diagnosis or prescription of a medication: adults who have taken Ritalin and soldiers with Post Traumatic Stress Disorder would be classified as mentally ill and given the same opportunity to own firearms as convicted felons: None.

This is utterly wrong. From HR 2640:

As used in this Act, the following definitions shall apply:

(1) COURT ORDER- The term `court order' includes a court order (as described in section 922(g)(8) of title 18, United States Code).

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.

(3) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE- The term `misdemeanor crime of domestic violence' has the meaning given the term in section 921(a)(33) of title 18, United States Code.

From 18 USC 922(g)(4) and (8):

(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;

(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or

Commitment (as opposed to a hold for observation) in the U.S. is not easy. In fact, it has become far too difficult. But the claim that a person can be denied gun ownership based on taking Ritalin or simply on the say-so of a doctor is false.

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