Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

SUPREME COURT MENTAL HEALTH PRECEDENT AND ITS IMPLICATIONS (As it pertains to "Red Flag" laws)
Mental Illness Policy ^ | 09/2009 | Mary Ann Bernard, J.D.

Posted on 03/02/2018 6:46:13 AM PST by Az Joe

Case law concerning involuntary commitment and treatment for mental illness or "dangerousness".

All states have laws on the books that allow the authorities to involuntarily commit a person for a short period of time (with a due process mechanism in place to protect the rights of the individual(s) being committed). It has passed constitutional muster.

The "Red Flag" gun laws now being discussed would be much LESS restrictive in comparison.


TOPICS:
KEYWORDS: commitment; involuntary

1 posted on 03/02/2018 6:46:13 AM PST by Az Joe
[ Post Reply | Private Reply | View Replies]

To: Az Joe

I am of the opinion that if a person is so dangerous that they are not allowed the rights of a citizen and self defense that they need to be charged with a crime or determined to be mentally incompetent.

Either with the full rights of due process.


2 posted on 03/02/2018 6:50:01 AM PST by taxcontrol (Stupid should hurt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

Somehow the “denouncement” of certain persons reminds me of A TALE OF TWO CITIES, and FAHRENHEIT 451.


3 posted on 03/02/2018 6:51:40 AM PST by Ruy Dias de Bivar (Re-open the insane asylums, stop drugging the kids.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

Would give the blue state crazies the green light to commit legal gun owners because they own guns and no other reason, here they can implement gun confiscation without passing any laws. “My neighbor has guns I am in fear for my life and my family” is all that is needed for an arrest


4 posted on 03/02/2018 6:58:23 AM PST by ronnie raygun (Trump plays chess the rest are still playing checkers)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

Nobody (Leftists included) is going to like where this ends up.


5 posted on 03/02/2018 6:58:30 AM PST by ctdonath2 (The Red Queen wasn't kidding.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ronnie raygun

Going to be seeing a lot of old scores settled.


6 posted on 03/02/2018 7:07:14 AM PST by elcid1970 ("The Second Amendment is more important than Islam. Buy ammo.")
[ Post Reply | Private Reply | To 4 | View Replies]

To: Az Joe

If someone has such diminished capacity that their constitutional rights need to be curtailed, they this should go before a judge to declare them incompetent, secure a family or community member to take charge of them, else commit them. And if incompetent, they lose all rights—1st, 2nd, 4th, 5th, etc. No selective choosing. They are either competent or not.


7 posted on 03/02/2018 7:09:10 AM PST by Reno89519 (Americans Are Dreamers, Too! No to Amnesty, Yes to Catch-and-Deport, and Yes to E-Verify.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ruy Dias de Bivar
It reminds me of Minority Report, the "future crimes" scenario in a Tom Cruise movie.

The country is way too close to reaching the tipping point and being a tyranny. There are so many rogue judges who are tools of the deep state, which we now know really exists. What's to stop a political party in power from declaring that those who oppose them are mentally unstable and need to be locked up? It's not a frivolous concern. Look at Charlottesville. Everyone who rallied for conservative values was labelled "KKK" and "White Supremacist". What would've happened if the frenzied mob could've demanded that these "mentally unstable" people could be locked up?

Mental health determinations are a very dangerous slippery slope. Another serious outcome might be that people with mental health issues might avoid help so as not to be labelled. If buying a gun legally is going to require a mental health checkup, won't it cause people to further isolate themselves from society, and find illegal ways to get guns or find other ways to kill people?

I'm seriously not all that confident that things can be turned around, either in the US or globally.

8 posted on 03/02/2018 7:10:32 AM PST by grania (Deplorable and Proud of It!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Az Joe

This is how Siberia was populated during the reign of the Soviets.


9 posted on 03/02/2018 7:10:42 AM PST by ealgeone
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe
The short story Sanity by Fritz Leiber is interesting.
10 posted on 03/02/2018 7:11:40 AM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

We march towards PRE-CRIME.

This stuff is bigger than the gun issue, IMO, since the most rabid gun toters fell hook, line and sinker for the Disease Theory pushed by psychiatry.

“Committal” is incarceration disguised as “therapy”. The psychiatric profession and its inventions have always carried the bug of latent oppression. Aside from that, they only deal with cobwebs (actions/effects) while blissfully ignoring the spider (sin nature).


11 posted on 03/02/2018 7:23:19 AM PST by avenir ("But as for you, teach what accords with sound doctrine."--Paul to Titus)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

We closed the asylums and let the crazies out here in California. An unholy alliance of ‘civil libertarians’ and fiscal conservatives. It sucks.

People who are unable to function are an increasingly large part of the population; my theory is that because the world is more complicated today- a 1000 or 500 years ago a retard or a crazy could either farm or at least be cannon fodder, or they would be dead at a very young age, nowadays they are shepherded through school and kept alive to piss and poop and scream on the streets.


12 posted on 03/02/2018 7:40:18 AM PST by RedStateRocker (Nuke Mecca, deport all illegals, abolish the DEA, IRS and ATF.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

You are trolling with this crap. You got called to the matt on the previous thread. Mods need to lock this.


13 posted on 03/02/2018 8:32:33 AM PST by precisionshootist
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

This could get serious... the view already called Christians mentally challenged....
Africa is taking control of all white people’s land... Christians have lost their minds...
and they want to take our guns??? Not hardly!!!!!!!!


14 posted on 03/02/2018 8:35:41 AM PST by frnewsjunkie
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

Florida has the Baker Act. They pulled the brother in under the Baker Act in about 36 hours.


15 posted on 03/02/2018 8:49:04 AM PST by ridesthemiles
[ Post Reply | Private Reply | To 1 | View Replies]

To: RedStateRocker; frnewsjunkie; ridesthemiles; avenir; Wayne; ealgeone; grania; Reno89519; ...

Shepherding describes Cruz’s childhood to a T. In Cruz’s case, the mental health issues were screaming to be addressed and his mother, the school district and the police jeopardized the community’s safety by coddling him. Pray that his murdering rampage will serve the purpose of ushering back in the law in the state of Florida. Ignoring the law and violations and FL statues on criminal conduct paved the way for Cruz to become a cold blooded killer.

Records show that BSO responded to at least 45 calls to Cruz’s home. The calls “included incidents in which Cruz “held a gun up to his mom’s head” (a felony),... imbibed gasoline,.... cut himself, and rubbed “his hands in glee thinking of the inheritance that he was going to get as a result of his adopted father dying.”

From this we learn that the Broward NAACP sanctuary school policy extends to the home as well as the school?

“Hey kids, commit a felony in Broward, no problem! As demonstrated, you can hold a gun to their mother’s head and not get arrested!”

So when an Orlando/Tampa/Miami punk holds his mama at gunpoint, he should just tell the police that they can’t arrest him.

Because, Sheriff Israel, the Top-Cop in Florida, whose running the largest sheriffs office in the nation says, “It’s all okay!” “Dude, I got a free pass- a get out of jail free card, cause I’m under 18!”

The legal ramifications for the rest of the juveniles in the state are huge. Florida is running a dual juvenile justice system.

It’s Sanctuary for Broward, and Obey for all the rest.


16 posted on 03/02/2018 10:09:49 AM PST by Beautiful_Gracious_Skies
[ Post Reply | Private Reply | To 12 | View Replies]

To: RedStateRocker

If a person is not a danger to themselves (starvation and homelessness not included) or a danger to others, in PA and Jersey, they are free to go.


17 posted on 03/02/2018 11:40:59 AM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
[ Post Reply | Private Reply | To 12 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson