Background Check ?

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Originally Posted By: Merkava_4
I have no criminal history, but my medical history might disqualify me.
It shouldn't in my opinion.
Medical histories are protected by Privacy Laws. So if that is the law of the land then so be it.

My point is that if is nobody's business including the government then its not the ATF's business nor the State's business. I personally will/would fill out the form to keep that information "private". Are you getting my drift?

The ACLU wants medical information kept away from everyone except when it doesn't suit their agenda
 
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Originally Posted By: Merkava_4
I have no criminal history, but my medical history might disqualify me.


The issue is whether or not you are a prohibited person; the background check is a secondary process and not dispositive of the issue. Prohibited persons sometimes pass background checks. Non prohibited persons sometimes fail background checks.

A lawyer licensed in your state who understands your state AND federal law can advise whether or not you are a prohibited person. You can proceed from there.

I have a client who was convicted below of a disqualifying offense; but I got his conviction reversed and vacated on appeal so he is not prohibited, although the system continues to treat him as one, necessitating further legal action. This is an example of how the system screws things up at times.
 
Originally Posted By: DoubleWasp
BigD1 said:
Merkava_4 said:
I have no criminal history, but my medical history might disqualify me.

As the system moves more and more to treat the mentally challenged like felons, less and less people will seek help.


If you are treated by the Veterans Administration they disclose by Form IB 10-163 that they may share "your health information without your authorization" to various agents including "a law enforcement agency"(page 5 of 8).

Seek help for mental stress at the risk of your constitutional rights.
 
Originally Posted By: BigD1
Originally Posted By: Merkava_4
I have no criminal history, but my medical history might disqualify me.


If Sheikh Obama has his way, and uses executive action with the stroke of his pen, anybody and everybody that has ever been to a psychiatrist, behavorial health clinic, or anything like that could be put on a block list for what ever reason. This would include going to a family doctor too for depression medicine, or any medicine that the Sheikh deems fit because you are a killer.


Well...I dont see him as a Killer...But If he has PTSD...than this "Gun ban" is good for him And his surroundings...
 
Off topic, but hilarious. My wife had a background check several years ago for day care employment. Her maiden name was a very common one, like Smith,Jones, etc..

The report was red flagged. A felon with my wife's maiden name showed up on the report. This woman had a different birth date (day/month/23 years difference), different birth place, different address, AND different skin color!

It still took a bit of effort to clear this matter up.
 
op, unless you were committed to inpatient bmc, you are good to go.
for criminal hx, you can contact the state police and pay $20 to get a full background from them.
 
Originally Posted By: Win
Originally Posted By: Merkava_4
I have no criminal history, but my medical history might disqualify me.


The issue is whether or not you are a prohibited person; the background check is a secondary process and not dispositive of the issue. Prohibited persons sometimes pass background checks. Non prohibited persons sometimes fail background checks.

A lawyer licensed in your state who understands your state AND federal law can advise whether or not you are a prohibited person. You can proceed from there.

I have a client who was convicted below of a disqualifying offense; but I got his conviction reversed and vacated on appeal so he is not prohibited, although the system continues to treat him as one, necessitating further legal action. This is an example of how the system screws things up at times.



THIS is an excellent point.

It would be great if we could make a thread about "Expungement."
 
Originally Posted By: Brasileno

It would be great if we could make a thread about "Expungement."


So you can start over? Why not get one of your previous usernames expunged? Or is this easier?
 
Originally Posted By: DoiInthanon
Originally Posted By: DoubleWasp
BigD1 said:
Merkava_4 said:
I have no criminal history, but my medical history might disqualify me.

As the system moves more and more to treat the mentally challenged like felons, less and less people will seek help.


If you are treated by the Veterans Administration they disclose by Form IB 10-163 that they may share "your health information without your authorization" to various agents including "a law enforcement agency"(page 5 of 8).

Seek help for mental stress at the risk of your constitutional rights.


There is a lot to be considered when seeking help with mental/psychiatric issues. Right now, it's not as bad is I believe it will be as far as it pertains to firearm purchases.
I would guess that eventually, we'll be forsaking our right of privacy in determining gun ownership.
But really....do I want people that are clinically suicidal or suffer from any mental disorder/ailment that could lead to using a firearm against the innocent?
No.
 
But really...do you want your constitutional rights in the hands of a doctor?

He/she can take your rights away on a whim - simply report you to the appropriate agency as being "unfit".

Get a doctor who dislikes you, or dislikes guns, and bye-bye...

Good luck fighting that.

That's the issue here...while I agree in principle that doctors should report the truly mentally ill so that the existing laws on prohibition can be enforced, we would, potentially, be exposing millions of legal, mentally stable, people to prohibition on ownership.
 
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Agree with that Sir!
I can't tell you the number of Marines and sailors that will not seek care because of the battle. Especially here in New York with the UNSAFE Act.
 
Originally Posted By: andrewg
I believe it will be as far as it pertains to firearm purchases.
I would guess that eventually, we'll be forsaking our right of privacy in determining gun ownership.
But really....do I want people that are clinically suicidal or suffer from any mental disorder/ailment that could lead to using a firearm against the innocent?
No.


Originally Posted By: Astro14
But really...do you want your constitutional rights in the hands of a doctor?

He/she can take your rights away on a whim - simply report you to the appropriate agency as being "unfit".

Get a doctor who dislikes you, or dislikes guns, and bye-bye...

Good luck fighting that.

That's the issue here...while I agree in principle that doctors should report the truly mentally ill so that the existing laws on prohibition can be enforced, we would, potentially, be exposing millions of legal, mentally stable, people to prohibition on ownership.

Exactky Astro. Agree 100%.
 
Here in MN you can get a permit to purchase before you buy a gun. You apply through your local law enforcement agency and they run the background check, then issue you the permit. Then you can go to any gun dealer and purchase without having to wait for them to run the background check. If you have a permit to carry, it also doubles as permit to purchase.
 
I am a strong Second Amendment proponent. I think it critically important that it not be infringed and in most instances...probably all...I am a strict constitutionalist as well. I am also very wary anytime political ideology is so extremely set in our minds, that even a mention of a variance or common sense approach...is met with the slippery slope scenario.
All the above being said is a preface to my thought that perhaps, if it's possible to exclude this being a left or right political argument, there exists a way of discussing how it may be possible (without the infringement coming into play) to exclude the mentally ill from purchasing firearms? Can it be done without prejudice or bias? Should we not even consider it a worthy endeavor to attempt to come to some widespread, agreeable process that protects constitutional rights as well as the safety of our citizens when it comes to firearm purchases? Right now, we all know a total wackjob...completely psychotic individual...that up to this time has no criminal record, can buy a handgun legally. He/she can do this with complete intent on murdering others. Is this just part of the deal of having 2nd Amendment rights? Maybe it is. Those of us that are pro-gun rights should just accept that we are not intelligent or unbiased enough (on either side) to be able to come to some sort of solution?

I don't have any answers. I'm not blind though. I know many folks in my life that should never own a gun...but do. It is a right. I suppose in a fairy tail nation, we could all magically know who is mentally unfit and dangerous. Too bad politics and ideology....plus a dose of how the framers were above making misjudgments....seems to rule this issue. I would like to think that we are smart enough and fair enough these days to come to a solution.
 
Owning a gun is a very big responsibility and everyone need a good background check. All they have to do with homicide victims is track the bullets to the gun offender.
 
Originally Posted By: andrewg
I am a strong Second Amendment proponent. I think it critically important that it not be infringed and in most instances...probably all...I am a strict constitutionalist as well. I am also very wary anytime political ideology is so extremely set in our minds, that even a mention of a variance or common sense approach...is met with the slippery slope scenario.
All the above being said is a preface to my thought that perhaps, if it's possible to exclude this being a left or right political argument, there exists a way of discussing how it may be possible (without the infringement coming into play) to exclude the mentally ill from purchasing firearms? Can it be done without prejudice or bias? Should we not even consider it a worthy endeavor to attempt to come to some widespread, agreeable process that protects constitutional rights as well as the safety of our citizens when it comes to firearm purchases? Right now, we all know a total wackjob...completely psychotic individual...that up to this time has no criminal record, can buy a handgun legally. He/she can do this with complete intent on murdering others. Is this just part of the deal of having 2nd Amendment rights? Maybe it is. Those of us that are pro-gun rights should just accept that we are not intelligent or unbiased enough (on either side) to be able to come to some sort of solution?

I don't have any answers. I'm not blind though. I know many folks in my life that should never own a gun...but do. It is a right. I suppose in a fairy tail nation, we could all magically know who is mentally unfit and dangerous. Too bad politics and ideology....plus a dose of how the framers were above making misjudgments....seems to rule this issue. I would like to think that we are smart enough and fair enough these days to come to a solution.



The true problem is that government is too incompetent to manage anything, especially without prejudice. And that's not a statement about race, religion, or anything. It's just that government wants to handle things based on classification, and refuses to admit that such a system just about never works.

At the end of the day, there's no way to keep guns away from the mentally ill.

This is exacerbated by the fact that government refuses to call the worst of the mentally ill (sociopaths) for what they are, because of fears over jury sympathy or whatever.

Result is, sociopaths, usually being extraordinarily functional and intelligent people, continue to remain undetected until the feces hits the fan.

But government never passes up the opportunity to close the barn doors after all the horses have run out, so the stupidity continues.

We can learn a lot from the lottery system with regards to tragic events. Given the amount of people out there, even the most improbable scenarios are guaranteed to eventually play out, and there is simply no way government will ever be able to make sure that in every instance where something could potentially rear its ugly head that maximum scrutiny, procedure, and enforcement will be there.

It's like someone brought up in this thread earlier. Mass murderers are generally opportunistic. Very few literally just drop what they are doing in the middle of a perfectly normal day and begin beating everyone with their fists, or draw a weapon they always just happen to carry every moment of their life.

There is one element behind most mass murder, even by the genuine loonies: Planning.

Now if you have this one or a couple of sick sons of bees out there planning, waiting, biding their time for the right moment to strike, what are the chances of stopping them at the right moment?

If we really managed to report and contain everyone who was pretty screwed up and weird, how long would it be before a good fraction of the population was on this blacklist? Would anyone even take it seriously once we all knew someone on it, and 99.9999% of them never came to perform any violent misdeeds?

The issues behind mass murder are far greater than access to firearms.

Mass murder is a result of serious sociological issues, to where mass murder is put onto a pedestal by the media and the mass murderers themselves become infamous celebrities. It's a result of the simple fact that mass murder can change a nation, and the world. The worst examples of mass murder featured murderers who knew this, and performed their acts for this exact reason.

Nothing is ever going to change this. Mass murderers will follow an archetype. For the Boston bombers, their archetype was Al Qaeda, who prefers bombs. For the Virginia Tech killer and the Sandy Hook killer, it was the Columbine Massacre. For Terry McVeigh, it was our own military. For Richard Ramirez, his influence was rape and mutilation in the Vietnam War, so he preferred a knife and genitalia as weapons. Banning knives and genitalia wasn't going to change what happened.

There have always been and always will be a new influence for mass murder, whether there's guns out there or not.

With regards to the Israeli military, or any other suicide issues I'll simply say that if you have a human being who wants to point a firearm at themselves and pull the trigger, there is definitely a problem, but it sure as heck ain't firearms.

If they are really comfortable with having a bunch of soldiers who can't be trusted to hold onto a firearm for 48 hours, they're completely stupid, and might want to consider eating a gun themselves. That's a major security issue, considering that the whole purpose of sending soldiers home with their weapons is so they can be ready to mobilize at a moment's notice. Instead, they have a situation to where if Hezbollah invades on a weekend, they have a disarmed soldier crying himself to sleep. Good going Israel. You figured it all out.
 
Originally Posted By: qwerty1234
Merk, guns kill people. Washington DC, Newark, NYC, Chicago, ect... have some of the toughest gun laws in the nation.


I could come back and say guns kill people who are unarmed.
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