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Del. House will consider bill to keep guns away from people deemed danger to selves, others
The Washington Post ^ | May 8, 2013

Posted on 05/09/2013 1:38:44 AM PDT by beaversmom

The bill requires mental health providers, including licensed school counselors, to call police if they believe a person poses a danger to himself or others. Police would investigate and would refer the case to the attorney general’s office if they believe the person shouldn’t have access to a gun.

The attorney general’s office could then ask a judge to prohibit the person from owning or possessing a gun. The judge also could order the seizure of any guns that the person owns. In the case of a troubled child, authorities could seize any guns owned by a parent or guardian with whom the child is living.

Opponents have raised concerns about patient privacy, the process for allowing authorities to confiscate guns from law-abiding citizens, and the ability of someone once deemed a danger to himself or others to later have his weapons returned to him.

“The burden of proving that one is no longer prohibited is going to be on the patient,” said Theresa Garcia, executive director of the 9-12 Delaware patriots, a conservative group opposed to the new gun control proposals. “Once a person is prohibited, it’s going to be very hard to get that off your record.”

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Delaware
KEYWORDS: banglist; guncontrol; secondamendment

1 posted on 05/09/2013 1:38:44 AM PDT by beaversmom
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To: beaversmom

Gee, sounds a little bit fascist, doncha think ?


2 posted on 05/09/2013 1:43:21 AM PDT by fieldmarshaldj (Resist We Much)
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To: fieldmarshaldj

Oh, you don’t think the Dems would abuse this, do you?/sarc. Maybe I shouldn’t be, but I’m just surprised that the NRA spokesperson is sounding favourable about this. Does our side ever learn you can’t give these people one inch?


3 posted on 05/09/2013 1:46:46 AM PDT by beaversmom
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To: fieldmarshaldj

Ordinary Citizen J’Accuse! Is not far behind.

The modern day equivalent of the Salem Witch Trials.


4 posted on 05/09/2013 1:57:13 AM PDT by Gaffer
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To: beaversmom
It is not clear whether this law contemplates some batty left-wing grammar school teacher calling an attorney general because she reacts to a child drawing a gun in class and the Attorney General proceeds, ex parte, to get a judge to confiscate the parents guns based on a "preponderance of the evidence."

It is one thing to confiscate the guns of someone who has gone through an adversary proceeding such as a criminal trial and whose guilt is been proved beyond a reasonable doubt and the procedure and vague standard contemplated by this report.

Due process, at minimum, means you get a fair trial and that should occur before you are hanged.


5 posted on 05/09/2013 2:00:37 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: beaversmom
"In the case of a troubled child, authorities could seize any guns owned by a parent or guardian with whom the child is living"?

Those fools don't have a clue about the Constitution, or even care.

6 posted on 05/09/2013 2:02:36 AM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: beaversmom

Oh just stop it, you dumb f*(#@rs!


7 posted on 05/09/2013 2:15:50 AM PDT by snarkytart
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To: nathanbedford

Frightening to realize, but in Delaware, it’s Vice-Emperor Plugs’s son, Beau, that is the Attorney General.


8 posted on 05/09/2013 2:19:09 AM PDT by fieldmarshaldj (Resist We Much)
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To: beaversmom

Who decides who is a threat?


9 posted on 05/09/2013 2:23:14 AM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: beaversmom

“A threat to themselves or others”? That would include all democrat politicians and 70% of the republicans. Not fit to serve with or without owning guns.


10 posted on 05/09/2013 2:35:59 AM PDT by Conspiracy Guy (I voted Republican, no Conservative was on the ballot. 969 yall.)
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To: beaversmom

I’m glad to see that I’m not the only one who sees this as another way of doing the “Gun Grab”. All you need is a Psychiatrist who is Hoplophobic going on a tear and removing the thing he fears from others by accusing them of having a Mental problem.

The blowback from this idea is going to be simply amazing once the ordinary citizen figures out what is happening. Let alone the illegal gun-runners who will be rushing in to fill a need by people who have had their only means of self protection taken away.

It’s a bad law and an over-reaction from idiot lawmakers who think they have to do “something”.


11 posted on 05/09/2013 2:46:45 AM PDT by The Working Man
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To: beaversmom

if they believe a person poses a danger to himself or others


Well, I don’t pose a danger to myself but break into my house or car and I AM A DANGER TO OTHERS.


12 posted on 05/09/2013 3:13:42 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: beaversmom

What was that little thingy they used to do in Russia?

Oh, I remember: Declare anyone against the government insane and send them off to reeducation camps or mental gulags.

Yea, I remember now.


13 posted on 05/09/2013 3:15:54 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: exnavy
Who decides who is a threat?

All of your, and my, medical records are about to be flung open so the "right" people can determine who is worthy to own a firearm.

14 posted on 05/09/2013 3:17:40 AM PDT by 1raider1
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To: fieldmarshaldj
Aaaaarrrrgggghhh


15 posted on 05/09/2013 3:47:58 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: beaversmom

Psychiatry has never been used for political purposes by the modern Left. Nothing to worry about here.


16 posted on 05/09/2013 4:02:20 AM PDT by FreedomPoster (Islam delenda est)
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To: beaversmom

including licensed school counselors

What qualifies a school counselor to be able to determine if someone is a danger?


17 posted on 05/09/2013 4:14:18 AM PDT by SECURE AMERICA (Where can I go to sign up for the American Revolution 2013 and the Crusades 2013?)
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To: beaversmom

The judge also could order the seizure of any guns that the person owns. In the case of a troubled child, authorities could seize any guns owned by a parent or guardian with whom the child is living.

Where in the Constitution does it state that YOU can lose any of YOUR rights baswed on something a thrid party says or does?


18 posted on 05/09/2013 4:15:50 AM PDT by SECURE AMERICA (Where can I go to sign up for the American Revolution 2013 and the Crusades 2013?)
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To: fieldmarshaldj

Don’t worry, I’m sure the masters have nothing but the best of intentions for us. I’m sure there is no open ended opportunity for abuse here. .. :-/


19 posted on 05/09/2013 4:20:57 AM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: fieldmarshaldj

Oh this is a fine bill.

This should put the psychiatrists out of business. No one is going to seek help if they are going to be pimped on by their Doctor. This might even get a few Doctors killed when crazed patients find out they were ratted out.

This thing is so open ended any citizen could rat out most anyone.


20 posted on 05/09/2013 4:32:23 AM PDT by Venturer
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To: Venturer

The Burden is on the patient to prove himself innocent.

In other words GUILTY until you prove yourself innocent. What part of American Jurisprudence does this come from? Traffic Court?


21 posted on 05/09/2013 4:34:20 AM PDT by Venturer
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To: 1raider1

>>All of your, and my, medical records are about to be flung open so the “right” people can determine who is worthy to own a firearm.<<

Great.

After my daughter was killed, I was prescribed some anti-anxiety medicine that I’ve used on and off for the last couple of years on an as-needed basis. Also saw a counselor for a couple of months when I hit a low point.

I’m confident those items will put me on the gun-grabbing “verboten” list.


22 posted on 05/09/2013 5:17:13 AM PDT by ItsOurTimeNow ("This ain't no party, this ain't no disco, this ain't no foolin' around.")
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To: beaversmom

Look for a dramatic rise in boating accidents on Delaware Bay.


23 posted on 05/09/2013 5:22:06 AM PDT by SnuffaBolshevik (In a tornado, even turkeys can fly.)
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To: beaversmom

It’s more of the attack on the family in perpetuity.

Notice if you share an apartment with someone unrelated, your not deemed to have access. If your a member of a family, your rights are based on the least member, the least common denominator.


24 posted on 05/09/2013 11:46:47 AM PDT by Fitzy_888 ("ownership society")
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To: 1raider1

What’s about to happen is a great big fresh can of kick-butt on the federal gubmint.


25 posted on 05/09/2013 1:08:15 PM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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