Post
by timmy » Mon Jan 17, 2011 8:41 am
The tough thing about the shooting involving Congresswoman Gabrielle Giffords is that there really isn't much one can do about such things. I note xl's points on this matter regarding the judging of one's qualifications to purchase a gun: How is the "correct" personality profile established? It's all well and fine to say, "Crazy people shouldn't have guns," but who defines what constitutes being legally "crazy"?
Surely one can see some very dangerous ground here, as the current bar for depriving a citizen of their rights on the grounds of "being crazy" is currently quite high in most places.
I can speak with personal experience here: I lived across the street from someone who was most certainly "crazy," given that he'd been institutionalized 4 times before, and had been pumped twice by a local law enforcement officer's 9mm. Still, he was able to purchase 4 more firearms. As I suspected when they hauled him away for the 5th time, he had been watching us thru the scope of his 284 Win. bolt action rifle. I went to the county attorney and swore out a complaint about this guy's behavior -- everyone in town knew he was nuts -- but as the county attorney told me, as long as he was obeying the law, nothing could be done about him.
Finally, he went to the nursing home and got his mother out at rifle-point. His reason for doing this was because he worked for the president and she was a spy for Khaddafi. (No, I am not making this up.) Then the police were called and he was dragged off.
For all I know, he has probably been released and institutionalized several more times since.
So, I come back to xl's point: How do you predict that someone will commit a crime? Or, how do you institutionalize people who are mentally ill (assuming that a meaningful benchmark for such a term can be legally created) without it being abused by people, say, by someone trying to scoop up someone's fortune by having them declared crazy?
If, as I and many others would hold, a person is too mentally imbalanced to be allowed to exercise his/her 2nd Amendment rights, does this not imply that any and all of their other constitutional rights could be questioned, as well? In many of my discussions with anti-gunners, I make the point that owning guns, free speech, freedom of religion, freedom of assembly, etc. All of these rights belong to each citizen, and it was the basis of our Revolution to make the bar very high for depriving anyone of these rights. It is at the peril of RKBA that we would permit separation of the 2nd Amendment from other constitutionally guaranteed rights, as gun owners.
I'd also like to mention one other thing: In the USA, our right to privacy also includes our medical records. As someone who has worked in a medical school (i.e., where physicians are trained), HIPAA (Health Insurance Portability and Accountability Act) is a huge deal. Allowing increased public access to medical records has implications for employment, home ownership, and many other aspects of life that could be very unpalatable. Again, who decides whose records should be released, and on what basis?
“Fanaticism consists of redoubling your efforts when you have forgotten your aim.”
saying in the British Royal Navy