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A Struggle to Disarm People Without Gun Rights
New York Times ^ | February 6, 2011 | ED CONNOLLY and MICHAEL LUO

Posted on 02/06/2011 5:26:39 AM PST by Second Amendment First

By law, Roy Perez should not have had a gun three years ago when he shot his mother 16 times in their home in Baldwin Park, Calif., killing her, and then went next door and killed a woman and her 4-year-old daughter.

Mr. Perez, who pleaded guilty to three counts of murder and was sentenced last year to life in prison, had a history of mental health issues. As a result, even though in 2004 he legally bought the 9-millimeter Glock 26 handgun he used, at the time of the shootings his name was in a statewide law enforcement database as someone whose gun should be taken away, according to the authorities.

The case highlights a serious vulnerability when it comes to keeping guns out of the hands of the mentally unstable and others, not just in California but across the country.

In the wake of the Tucson shootings, much attention has been paid to various categories of people who are legally barred from buying handguns — those who have been “adjudicated as a mental defective,” have felony convictions, have committed domestic violence misdemeanors and so on. The focus has almost entirely been on gaps in the federal background check system that is supposed to deny guns to these prohibited buyers.

There is, however, another major blind spot in the system.

Tens of thousands of gun owners, like Mr. Perez, bought their weapons legally but under the law should no longer have them because of subsequent mental health or criminal issues. In Mr. Perez’s case, he had been held involuntarily by the authorities several times for psychiatric evaluation, which in California bars a person from possessing a gun for five years.

(Excerpt) Read more at nytimes.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: banglist
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So, do those judged mentally ill lose all their constitutional rights, or just some of them?

Should they be barred from purchasing knives, hammers and gasoline?

Should they just be locked up and controlled totally?

Who can answer these questions for me?

1 posted on 02/06/2011 5:26:40 AM PST by Second Amendment First
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To: Second Amendment First

Who can answer these questions for me? ....

Obama. And the answer is “Yes we can.”


2 posted on 02/06/2011 5:34:25 AM PST by Hang'emAll
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To: Second Amendment First

Do those judged mentally ill still drive a car?


3 posted on 02/06/2011 5:38:02 AM PST by samtheman
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To: Second Amendment First
--would bet this will be reprinted in the Denver Post and Milwaukee Journal- Sentinel within a day--part of the ongoing but recently renewed anti-gun crusade---
4 posted on 02/06/2011 5:39:13 AM PST by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: Second Amendment First

If it hadn’t been for a gun, they may argue, his mother would be saved. I counter that if he hadn’t had the gun, he would have found a knife, and she’d still be dead.

Of course, anything can be a potential weapon. Guns are just easy and so they get the blame for crimes.


5 posted on 02/06/2011 5:40:49 AM PST by Peanut Gallery
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To: Second Amendment First

..... And whenever it ultimately meets the convenience of the Left, vast sectors of the American public will magically be deemed mentally incompetent to possess firearms. Something psychologically creative and plausible like a threat of “mass hysteria” would probably serve nicely in their eyes.


6 posted on 02/06/2011 5:46:53 AM PST by Senator John Blutarski (The progress of government: republic, democracy, technocracy, bureaucracy, plutocracy, kleptocracy,)
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To: Second Amendment First

I am coming around to the line of thinking that
if a member of society should not be allowed on the street with a weapon;
then that member of society should not be allowed on the street.


7 posted on 02/06/2011 5:48:24 AM PST by Repeal The 17th
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To: Peanut Gallery

..... The Left will then move on to regulating knives, as in the UK. Next stop - regulation of “blunt objects”.


8 posted on 02/06/2011 5:48:41 AM PST by Senator John Blutarski (The progress of government: republic, democracy, technocracy, bureaucracy, plutocracy, kleptocracy,)
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To: Second Amendment First
So, do those judged mentally ill lose all their constitutional rights, or just some of them?

they use to just lock them up....

until the 80’s, at least here in NY...there was a plethora of State Mental Hospitals...I ought to know...I worked in one for 3 years on the night shift, full time, to pay for college...not a pleasant job...but just about anyone who publicly displayed ‘crazy’ behavior was warehoused there...and only late 70s early 80s recessions caused the state to rethink what they classified as ‘crazy’. the majority of those released or sent to halfway houses did not belong in the ‘bug house’...but a scary minority were released that should have been locked up and the key thrown away...the cretin in Arizona would have been put in classification.

9 posted on 02/06/2011 5:51:38 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Second Amendment First

1) Our current system prohibits those found mentally dangeros from purchasing weapons.

2) Liberals in gov’t, who do not do their jobs, fail to prevent firearm purchases from happening or fail to notify authorities to confiscate the firearms from people found mentally dangerous.

3) Liberals see their failure as a reason to enact more laws, rather than make the current system work as it should.


10 posted on 02/06/2011 5:53:32 AM PST by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: Second Amendment First
The list had 18,374 names on it as of the beginning of this month — 15 to 20 are added a day — swamping law enforcement’s ability to keep up.

For a state the size of california, this seems a little underwhelming to me

11 posted on 02/06/2011 5:56:45 AM PST by sonofagun (Some think my cynicism grows with age. I like to think of it as wisdom!)
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To: Vaquero

I remember the state mental institutions. In high school I volunteered at the local one. We would shoot pool, play ping pong, etc. on recreation nights. Of course, they were not the violent ones. Most of these institutions were closed and the inmates released when the government deemed it cruel to involuntarily commit the mentally ill.


12 posted on 02/06/2011 5:59:40 AM PST by Second Amendment First
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To: Senator John Blutarski

That would be half of Cali and NYC. Find a liberal and take their gun away. Give it to me.


13 posted on 02/06/2011 5:59:57 AM PST by Pit1 (Remember Ft Hood, even though obeeeee thinks it never happened. God bless our brave warriors.)
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To: Senator John Blutarski

You mean like the large percentage of school age males labeled with ADD and put on psychotropic drugs?


14 posted on 02/06/2011 6:02:47 AM PST by Second Amendment First
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To: Second Amendment First

Ah, yes, the tried and true method of using a small aspect to wedge the camel’s nose under the tent.]

There are way larger problems in dealing with the mentally ill, from lack of treatment, availability of illegal drugs, to rights of those who recover, etc.


15 posted on 02/06/2011 6:02:58 AM PST by P.O.E. (Pray for America)
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To: Second Amendment First

Ah, yes, the tried and true method of using a small aspect to wedge the camel’s nose under the tent.]

There are way larger problems in dealing with the mentally ill, from lack of treatment, availability of illegal drugs, to rights of those who recover, etc.


16 posted on 02/06/2011 6:03:04 AM PST by P.O.E. (Pray for America)
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To: Second Amendment First

Apparently “shall not be infringed”, really means infringement is OK as long as someone thinks its OK.


17 posted on 02/06/2011 6:06:10 AM PST by FourPeas
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To: samtheman

It depends on the state, AFAIK. Then again, driving a car isn’t guaranteed in the Bill of Rights.


18 posted on 02/06/2011 6:07:13 AM PST by FourPeas
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To: Second Amendment First
Who can answer these questions for me?

Declare that the desire to own a firearm is a mental disorder. Mission accomplished.

19 posted on 02/06/2011 6:16:51 AM PST by CPOSharky (Posted with 100% recycled electrons.)
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To: Second Amendment First
I worked in a moderately criminally insane ward as I was a strapping young lad(where did that go?)who looked like I could take care of myself....about 70% of the people on that ward did NOT belong out on the streets...we had a couple of Randle Patrick McMurphys who just were playing nuts to stay outta prison...some of those were dangerous, some not...I use to play cards with those...while I was there an attendant in a nearby ward of dangerous criminally insane had his head bashed in with a fire extinguisher while in the day room watching TV. if you were smart you sat in the day room with your back to a wall...

some people need to be locked up either for their own good, or for the rest of the population....Who determines this??? I don't know...obviously you would not want the Fort Hood Shrink, Dr Hasan, making that determination.....

20 posted on 02/06/2011 6:19:36 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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