General Discussion
In reply to the discussion: I have a brother with schizophrenia and I am sick of the bigotry against the mentally ill [View all]thucythucy
(8,212 posts)would have a far greater impact on their lives than not being able to buy a gun. Unless you're lucky enough to live in an area that has mass transit, or can walk or bike to work, losing your license for any period of time means losing your job. And your ability to shop. Or see a doctor or dentist. Or probably even go out on a date. Not having a license makes you hugely dependent on others--not the best position to be in at all.
Losing your gun? Well, unless you make your living with it, legally or not, it's hardly the same impact, "right" or not.
And I highly doubt any judge is going to argue, out of the blue, "why a test for this right but not others?" That just sounds to me like more gun-owner paranoia. Hardly likely, especially given how many judges have been appointed by right wingers, or elected from red districts.
But I agree, probably a sort of competency hearing, with the ability to cross-examine expert witnesses and call your own, plus a right to counsel, and an appeals process, would be better than a standard form evaluation.
I think what would work best of all is a) registration of all firearms, without exception b) licensing of firearms owners, along with mandatory safety training and possibly owner's insurance, all coupled with a system that enables law enforcement to impound the guns of those identified as being an immediate threat. In the case of the most recent atrocity, the police should have known this guy was armed when they went to question him, and should have been able to seize his weapons on an emergency basis, subject to a subsequent competency hearing. I haven't been following the news today, so perhaps I'm missing part of the story, but it sounds like the police who interviewed him didn't know he had a weapon, and also weren't aware of the seriousness of the situation. The shooter himself said in his "manifesto" that if the police had actually entered his apartment it would have been "game over."
BTW, I've had personal experience with the mental health system, and have seen it at its best and its worst. If I had to choose between losing my right to own a firearm, or being pre-emptively incarcerated--even with various due process protections--I'd give up the firearm any day of the week, 2nd amendment arguments notwithstanding.
I'm glad this discussion happened. Didn't mean to jump all over you (well, not entirely...) but these are very sad events for all concerned.
Best wishes