General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt may have been discussed here, at length but... if the Buffalo shooter had prior problems
how did he manage to get a gun?
Skittles
(153,170 posts)since when did having problems prevent anyone in America from being armed
onecaliberal
(32,878 posts)Marcuse
(7,496 posts)The purchase took place months after New York state police briefly took Gendron into custody after he made a threat about a shooting, as authorities have described.
The gunman had plans to continue his rampage, says Buffalo police commissioner
Last June, state police investigated Gendron and ordered a psychiatric evaluation. After a day and a half in a hospital, he was released, authorities say. Afterward, he did not remain on law enforcement's radar.
The timing of the gun purchase, along with Donald's report of a clean background check, raises questions about why a police-ordered mental health evaluation would not have appeared on the report.[link:https://www.npr.org/2022/05/16/1099186443/buffalo-suspect-gun-rifle|
question everything
(47,510 posts)I thought that having documented mental problems should preclude selling firearms to them.
Zeitghost
(3,865 posts)There needs to be a judgement by a court in order to deprive someone of the right to purchase a weapon (due process and all that). Federal law requires an involuntary commitment or a court ruling you mentally incompetent (usually coming from a not-guilty due to mental illness ruling in a criminal trial). Some states also have red flag laws. I don't believe any of those things happened in this case.
sarisataka
(18,705 posts)About his talking about shooting his school or psychiatric evaluation into the system.
The SAFE Act amends the Mental Hygiene Law (MHL) by adding section 9.46, which requires that mental health professionals who are currently providing treatment services to an individual make a report, if they conclude, using reasonable professional judgment, that the individual is likely to engage in conduct that would result in serious harm to self or others.
https://safeact.ny.gov/mental-health
A background check only works if there is background to check.
question everything
(47,510 posts)to determine whether such events need to be documented and flagged.
Ocelot II
(115,783 posts)to authorities and therefore there was no record of them, or else they were not the sort of problems that wouldn't prevent him from buying a gun legally - generally speaking, people can't buy guns if they have been convicted of certain crimes or were subject to certain kinds of court orders related to domestic violence, or have a known, serious mental condition.
Response to question everything (Original post)
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USALiberal
(10,877 posts)VarryOn
(2,343 posts)Killing and torturing is wrong. But, in some cases, I admit, it feels good.
USALiberal
(10,877 posts)VarryOn
(2,343 posts)UTUSN
(70,720 posts)use an insanity defense?
SoCalDavidS
(9,998 posts)Hmmmm...18 years old, and no prior record.
Oh well, I guess he has a record now.
Marcuse
(7,496 posts)uponit7771
(90,347 posts)Mr.Bill
(24,311 posts)evaluation, so it wasn't on his record?
Igirl
(80 posts)Could buy a rifle at 18 in New York. They have pretty strict gun laws.
Straw Man
(6,625 posts)New York City requires special permitting, with a minimum age of 21. Upstate follows the federal law: 18 years old and a background check for rifles. Handguns are a whole different story.
LeftInTX
(25,464 posts)It probably didn't meet any legal threshold, such as "serious mental" condition
milestogo
(16,829 posts)Pretty soon they'll be giving them away in front of supermarkets and high schools.
question everything
(47,510 posts)At least, ai though there have been talks about it. Perhaps never progressed beyond talks.
And I don't think that age should be a factor. Too many high school kids committed mass murders in the past few years.
dwayneb
(768 posts)They claim they knew nothing of an aberrant behavior from their child. Of course and normal person would view a parent gifting an 18 year old with an AR-15 as bizarre and deviant, but that's another story.
Dial H For Hero
(2,971 posts)He bought the AR-15 on his own, as far as I know.
Tickle
(2,527 posts)yesterday as I was driving home say
The Defense lawyer no longer wants to have the shooter take any mental test and he said the talk about the shooter having emotional problems is now a mute point.
No more discussion, the shooter is a normal white supremacist. period