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this post was submitted on 20 Sep 2023
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Here's the trick... the Nashville shooter had no criminal record and bought the guns 100% legally. There is no gun restriction that would block someone who passes the background check from buying a gun.
BUT:
https://en.m.wikipedia.org/wiki/2023_Nashville_school_shooting
"Hale was under care for an emotional disorder and had legally purchased seven firearms, including three recovered from the shooting scene, between October 2020 and June 2022.[1]"
If someone is under psychological care, should that be allowed to pop up on a background check? Maybe not as an instant disqualification the way a court ordered commitment or conviction would, but as an advisory note? Leave it to the discretion of the firearms seller? "By the way, this person is undergoing psych care, you could be held liable if they use this firearm in a crime." That kind of thing?
Because right now, the only stuff that shows up on the background check are things that were ruled on by a judge, and sometimes not even all of those.
For example:
The guy who shot up Michigan State University:
https://en.m.wikipedia.org/wiki/2023_Michigan_State_University_shooting
"McRae was arrested in June 2019 for carrying a weapon without a concealed pistol license.[38] Initially charged with a felony, he pleaded guilty to misdemeanor unlawful possession of a loaded firearm as part of a plea agreement in November 2019.[39] He was originally sentenced to twelve months' probation, which was later extended to 18 months, and in May 2021, he was discharged from probation.[35] Because McRae was not convicted of a felony, his ban on possessing weapons ended with the end of his probation.[40]"
Arrested for a felony gun charge, pled out to a misdemeanor, did his time, did his probation, was allowed to buy guns again.
Had he been convicted of the felony, he would have been blocked from owning a gun. The misdemeanor was not a barrier and did not appear on the background check.
Maybe it should have? Maybe ANY gun charges, felony OR misdemeanor should bar you from gun ownership?
If you stigmatize psychological care by making it a black mark that shows up on your record, people will just avoid getting the help they need and society will be worse off for it.
Absolutely true.
So if we can't ban guns because of the 2nd amendment, and we can't report on psych care because that would drive people away from care, then what's the answer? 🤔 I don't see a way out of it unless you make mental health care and reporting mandatory.