If a community college can issue a report that someone is a threat, then that person should lose a God given right because someone says he's crazy?
You have a God-given right to self-defense, but not to murder. Dangerous instruments need to be kept away from people proved insane enough to murder by their own actions. It's like keeping the Bic lighter out of reach of a three-year-old. I wouldn't have trusted this guy with a metal fork. A firearm is a very lethal version of a fork.
Consider this, in the late sixties it was promoted and excepted by many that felons should not be able to by a gun, I mean after all that sounds so reasonable , right?
The fact of the matter is you are stripping the right away from a class of person simply because it is societally acceptable, Constitution be damned....with the support of many here.
The case of a felon, that's not the only right that's stripped...in most states he can't vote either. The idea here is a felon proved, by either beyond the reasonable doubt of 12 jurors or his own confession, his ability to commit a serious crime. I wouldn't call that a fashion statement but reasonable prudence for fear of recidivism. But, it's not for life, depending on the felony. In many cases, after a period of time (like 10 years), the felon can petition a Judge to have the Felony expunged and his civil rights restored. He'd probably also have to sue NICS.
Now it has progressed to persons under restraining orders, Misdemeanor "domestic violence" (yell at your spouse in some states and it's considered domestic violence) and on and on.....
I really hate that. Judges and Commissioners hand those ROs out like candy to any woman who asks, regardless of the circumstances. Men, of course, don't need restraining orders, so it's one-way. And those go against you at NICS, too. Even if you appeal them and win.
Now, with Obama care being instituted, digital medical records, massive data storage facilities being built, technology that allows the government to accumulate data on your every web post and activity couple with every word you uttered to your doctor, well you get my point.
Yes, I certainly do.
When we get to the point of "someone" deciding who is mentally "fit" to own a firearm, well I think that is a very dangerous road to go down....an I think it is a trap just like the argument in the 60's..."who could support a felon buying a firearm"?
I would want some sort of due process in the machine. You are correct to be suspicious of any situation when a single person can decide the ability of another single person to exercise a God-given right. Even Judges can be appealed, but with the NICS, how can you appeal something you aren't even allowed to see? There is a legal process in place to determine if a person can be involuntarily committed, it should be just as difficult to put someone on the NICS hit-list for mental reasons.
The person should at least know what they're doing, and the system right now is secret. A situation ripe for the raping. And your concerns are well-placed, sorry if I implied they were not.
You have a God-given right to self-defense, but not to murder
I agree 100% But self defense, even if you have to KILL to do it, in and of it self is not murder, yes?
Dangerous instruments need to be kept away from people proved insane enough to murder by their own actions.
I don't disagree with you at all but my problem is how do you set the criteria of who is "insane"
I agree that to you and me could decide because you and me would use "common sense" The problem is what you and I consider "common sense" is subjective. Both of us know that "common sense" is not so common these days. Yeah, I know, It can go round and round, but that is kind of the point. What used to be common sense before is now promoted as extreme.
The case of a felon, that's not the only right that's stripped...in most states he can't vote either.
Actually that is not true. In most States a felon cannot vote if he/she is under the constrains of parole or other obligations of said conviction. Denial of 2nd Amendment right is for all intents and purpose for life time....same with misdemeanor convictions of "domestic violence". Does that lifetime punishment not violate the 5th and 6th Amendments?
In many cases, after a period of time (like 10 years), the felon can petition a Judge to have the Felony expunged and his civil rights restored.
Never happen in a million years unless you have tons of money and the proper connection. What politician would ever take the chance of restoring a felons rights lest it go bad...without the proper payout/payment/connection that is.
I really hate that. Judges and Commissioners hand those ROs out like candy to any woman who asks, regardless of the circumstances.
I do too, but it really cuts to the heart of the matter. We can see how easy it is to abuse these law that are put in effect for "common sense" Grrrrr, it is either a right or it is not.
My answer is to amend the Constitution within the provisions that are put in place to do so.
In my view if it is not done that way then the Constitution is meaningless.