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The Toomey-Manchin Proposal Will Allow Doctors to Block Your Right to Guns
Red State ^ | 4/10/2013 | Erick Erickson

Posted on 04/10/2013 11:40:05 AM PDT by rmlew

I just talked to someone familiar with the Toomey-Manchin proposal who raises a serious concern based on his understanding of the legislation.

Everyone on all sides agrees that we need better help for those with mental health problems who need treatment.

Unfortunately, the person I talked with is concerned that the Toomey-Manchin proposal could discourage people from getting help.

The proposal will allow a doctor to add a patient to the National Instant Criminal Background Check System (NICS) without ever telling the patient he or she has been added.

There would be no due process requirement. Not all doctors will be able to do it with the same ease, but many will. Knowing a doctor could add him to a federal database as mentally ill without his knowledge could potentially dissuade a patient from going to the doctor in the first place to get help.

Worse, if the doctor does so and makes a mistake, the patient would have to actively work through the system to get himself removed — guilty before being proven innocent. In some states, should a doctor flag you as having mental illness without your knowledge, you may very well see the state come collect your previously purchased guns.

Activist mental health providers will probably be overly aggressive in adding people to the list. Give it five years in liberal areas and people who believe in the physical resurrection of Christ will probably get automatic entry onto the list.

Mental health is a serious issue and the Toomey-Manchin legislation could have negative consequences. Worse, it would still not stop a Columbine, a Newtown, or the daily massacres in Chicago.


TOPICS: Constitution/Conservatism; News/Current Events; US: Pennsylvania; US: West Virginia
KEYWORDS: banglist; guncontrol; gunrights; manchin; secondamendment; toomey
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Time to get on the phones people. Otherwise you loose your guns if you ever took an anti-depressant (even Zyban for smoking) and conceivably if anyone in your home did.
1 posted on 04/10/2013 11:40:05 AM PDT by rmlew
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To: rmlew
I have been searching everywhere to see what the actual language is for this “fix.” Does anyone have a source of the actual language?

There were so many things wrong with Schumers S374 that I really doubt Toomey could have fixed them all.

2 posted on 04/10/2013 11:41:40 AM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: rmlew

Just more crap frm Washington’s power-mad *ssholes - both Democan and Republicrat.


3 posted on 04/10/2013 11:43:08 AM PDT by Jack Hammer (American)
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To: rmlew

Jack wagons!!!!

This already covered in the firearms act of1934.

Unnecessary and onerous


4 posted on 04/10/2013 11:44:16 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Robert357

I doubt any senator read this.

Bloomberg’s cronies probably wrote this.

The same people who wrote obamacare as a socialist takeover.


5 posted on 04/10/2013 11:45:09 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: rmlew
Oh, this sets up a nasty dynamic.

Doctor on routine visit asks if I have guns in my house.

I tell him it's none of his business.

The doc adds me to the database, figuring I'm some kind of crazed gun nut.

Thanks, Toomey. You just ensured I will be working for whoever runs against you in the 2016 primary.

6 posted on 04/10/2013 11:45:27 AM PDT by dirtboy
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To: rmlew

Tyrant Kim Un Hussein must be very pleased that his efforts to “FUNDAMENTALLY CHANGE THE UNITED STATES OF AMERICA” are progressing so easily.


7 posted on 04/10/2013 11:45:35 AM PDT by Graewoulf (Traitor John Roberts' Commune-Style Obama'care' violates U.S. Constitution AND Anti-Trust Law.)
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To: rmlew

It says the “state” will come and collect the guns. Look for local cops, sheriffs and state police to give the feds extra firepower. They would all love to get on TV in a stand off with a “survivalist extremist”.


8 posted on 04/10/2013 11:46:27 AM PDT by VerySadAmerican
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To: rmlew; All
Here:

Senator Pat Toomey Facebook Page

"Pennsylvania has a long, bipartisan tradition of supporting gun rights. I am a proud part of that tradition. I am a gun owner. I revere the rights enshrined in our Second Amendment. My record shows this. Criminal background checks are just common sense. If you pass a criminal background check, you can buy a gun. It’s the people who fail a criminal or mental health background check that we don’t want having guns. That can be done without infringing on law-abiding people’s gun rights. And we ought to do it."

9 posted on 04/10/2013 11:46:33 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: rmlew
So obamacare will drive doctors out of business so what ever health care practitioner that is declared a mental health expert will take your guns away. Constitutional rights will be denied without due process by a possible anti gun radical.
10 posted on 04/10/2013 11:46:54 AM PDT by mountainlion (Live well for those that did not make it back.)
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To: Graewoulf

What do you want to bet that Obamacare will have a quota that physisicans will have to meet.


11 posted on 04/10/2013 11:47:28 AM PDT by Kanzan
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To: rmlew
Anyone surprised?

Didn't think so.

Sometimes I wonder if these nimrods know what a black market is.

12 posted on 04/10/2013 11:48:19 AM PDT by St_Thomas_Aquinas
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To: Kanzan

What’s to stop pediatricians from adding every parent of their patients to the list. Because children shouldn’t live in a home with guns?


13 posted on 04/10/2013 11:48:50 AM PDT by Black Agnes
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To: dirtboy
Oh, this sets up a nasty dynamic. Doctor on routine visit asks if I have guns in my house.

The correct answer is, "I don't have a gun. Nobody saw my gun. You can't prove anything."

14 posted on 04/10/2013 11:49:51 AM PDT by St_Thomas_Aquinas
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To: VerySadAmerican
Look for local cops, sheriffs and state police to give the feds extra firepower.

They've already been doing that. Note that whenever agents from given agencies visit Joe Citizen, they always bring along their local or state LEO "partners" to provide muscle.

15 posted on 04/10/2013 11:50:20 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: rmlew

REALLY crazy people who don’t seek help will still be able to get them. And you will not have solved the problem but made it worse by ensuring that they will shun treatment.


16 posted on 04/10/2013 11:50:56 AM PDT by informavoracious (The ancient Greeks and Romans thought they were on the "right side of history.")
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To: dirtboy
[blank look, shading over to barely concealed horror at the thought] A gun? In my house? Oh, gosh, no! /sarc
17 posted on 04/10/2013 11:51:07 AM PDT by cyn (Benghazi.)
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To: Timber Rattler

The words to these laws will mean different things to different people.

So if you get pulled over for running a stop sign you might as well tell the cop to follow you home so you can give him your guns.

Or if you’ve ever been to the Betty Ford Clinic for treatment of alcoholism, expect a knock on the door.

And if you tell them you sold your weapons they’ll ask you why you bought ammo last week.


18 posted on 04/10/2013 11:51:17 AM PDT by VerySadAmerican
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To: Robert357
Does anyone have a source of the actual language?

The Public Safety and Second Amendment Rights Protection Act

19 posted on 04/10/2013 11:51:44 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: St_Thomas_Aquinas

I’m not sure, isn’t it racist?


20 posted on 04/10/2013 11:52:24 AM PDT by cyn (Benghazi.)
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