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Nutty gun laws kill
NY Daily News ^ | Friday, April 20th 2007

Posted on 04/20/2007 7:12:33 AM PDT by presidio9

Let's not waste time debating whether NBC should have aired Cho Seung-hui's video dispatch from hell. More important is the fact that Cho was able, quite legally, to buy two guns despite his documented psychiatric history.

This is because Congress and the Commonwealth of Virginia, in their zeal to promote gun ownership, believe it permissible to peddle weapons to everyone but convicted felons and the most deranged of the mentally ill. Those who are merely suicidal, or might become homicidal if they skip their meds or therapy, are welcome to all the handguns and ammo they like.

By whom we mean people like Cho. Per federal law, Virginia gun shops do on-the-spot criminal and psychiatric background checks on would-be buyers. But the mental history inquiries raise a flag only if the customer has been judged mentally defective or involuntarily committed. And Cho never made that grade - not quite.

But he was close. An acquaintance who feared Cho was suicidal called police, and cops were concerned enough that they brought him before a judge - who likewise sensed something amiss and ordered him psychiatrically evaluated. "Presents an imminent danger to himself," the judge found. But a doctor prescribed outpatient treatment instead of committing him. And that's what let this maniac arm himself.

Plainly, anyone who has been diagnosed as potentially suicidal, or forced by court order into treatment or evaluation, should not be able to buy semiautomatics. The risks are simply too great.

So too, it turned out, was the risk of accommodating a person such as Cho on Virginia Tech's campus. More than a few responsible people there knew he was "disturbed." But then, offers the VT administration, you can't kick a student out just because he's creepy and visibly nuts. Even a crazy man is entitled to a college education.

But, for God's sake, here was a man whose behavior posed a clear and present threat. A man who stalked women and set fires. Who so alarmed fellow students that they stopped coming to class. Who made one teacher so nervous she yanked him out of class and tutored him privately - with a special signal to bring help if she needed it. A student who indeed was formally ordered by a court into a mental evaluation.

At what point, pray, does a college deem itself entitled to tell such a person: "We do not want you here. Go"? That time was long past at Virginia Tech - just as it is long past time, even by the standards of the gun-happy Commonwealth of Virginia, which is to say essentially no standards at all, to recognize that this creature should not be sold a 9-mm. Glock.

There are many Cho Seung-huis among us. That is the unpleasant fact. Already across the land this Columbine anniversary week, there arise threats of copycat school mayhem. Some people are just crazy, that's all. We've got to at least halfway try to keep guns out of their crazy hands.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: banglist

1 posted on 04/20/2007 7:12:37 AM PDT by presidio9
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To: presidio9

LOL. I thought the freeper conventional wisdom that it was people who killed people.

Guns don’t and they are inanimate objects, so how could abstractions like “nutty gun laws” kill people?


2 posted on 04/20/2007 7:16:32 AM PDT by dmz
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To: presidio9

The gun laws didn’t cause this; the laws that allow wackos like this guy to roam freely caused it.


3 posted on 04/20/2007 7:16:55 AM PDT by NRA1995 (Hillary sings like Granny Clampett auditioning for "American Idol")
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To: presidio9
If I put on my memory cap, I think I can recall that it was the ACLU and the lefties who BITTERLY fought to keep ALL mental records under lock and key, in every circumstance.

More stupidity and unintended circumstance from the left. You reap what you sew. But I'm sure it's Bush's fault.

4 posted on 04/20/2007 7:17:31 AM PDT by Al Gator (Refusing to "stoop to your enemy's level", gets you cut off at the knees.)
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To: Al Gator

circumstance = consequence

DOH!


5 posted on 04/20/2007 7:18:48 AM PDT by Al Gator (Refusing to "stoop to your enemy's level", gets you cut off at the knees.)
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To: presidio9
Actually there are already laws that prohibit the sale of weapons to mentally ill people. Cho was mentally ill but no one reported him, it was a lapse of those in authority, not the results of fewer laws. How are we supposed to tell if someone is mentally ill? Do we require test for all future gun buyers? This would be one way to enact dejure gun control, pronounce all candidates for firearm purchases as insane. We don't need to go down that road, we only need to keep our governments face out of our business and we will be ok.

The fact is, there was a law that helped this tragedy along, and that was the rule that no one could carry concealed weapons on the campus, if one armed student had been around, or if the campus police would have been armed this whole tragedy might have been averted, and almost certainly would have ended with far fewer deaths, to proclaim and area a gun free zone is simply signing people's death warrents in advance.

6 posted on 04/20/2007 7:18:59 AM PDT by calex59
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To: dmz
I think there is a legitimate question of how much we want our medical records made available to the state.

Under the current model, once someone is committed to an institution by the courts, it becomes a matter of public record and can be picked up by the NICS system making them ineligible. How much further do we want to push the line?

No matter where the line is put, someone somewhere will be close to it, but not over, and probably still be dangerous. So how exaclty do we solve this with more laws?

7 posted on 04/20/2007 7:21:22 AM PDT by tcostell (MOLON LABE)
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To: presidio9
The writer doesn't know what they're talking about. The article is wrong almost everyhere. Cho was adjudicated as a danger to himself, which is a fed disqualifier. VA law is less strict than fed law in this matter. Per 28USC25.4, the feds only expect the States will voluntarily submit info to the DOJ that pertains to info regarding the disqualifiers contained in 18USC922. In this case the court record would have disqualified CHo from purchasing the gun, as per 18USC922(g)(4). VA is a State that simply does not volunteer that info as requested. The matter and relevant ATF comment can be found in and around this post.
8 posted on 04/20/2007 7:31:02 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: presidio9
This article is just plain wrong about how there are no standards... in the laws or in VT's policies.

This shooter lied on his application to buy the weapon regarding psychiatric treatment. Law of course could be circumvented by the criminal, but, the law did address it.

The judge who did not commit the shooter erred in not doing so. The law allowed for it, but the enforcement was lax. Not the law's fault.

The policy manual in VT probably has dozens of things in it about how stalking, etc., makes expulsion an option... again, lax enforcement. Not a problem with lack of policy. It was lack of enforcement.

The shooter had acted in a threatening manner to other students, and had even set fire to his room.

Again, the rules and the law support expulsion for his transgressions.

The whole thing was the shooter's doing, BUT lack of enforcement of previously existing, reasonable laws, would have made this episode much less likely.

The kid would have been expelled, gone home, and been working in the dry cleaning store under the supervision of parents.

The shooter, abetted by PC, liberal culture, and HIPPA, and LACK OF ENFORCEMENT OF EXISTING LAWS AND RULES killed those 32 people.

9 posted on 04/20/2007 7:33:00 AM PDT by caddie
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To: presidio9
There are many Cho Seung-huis among us. That is the unpleasant fact.>>>>>>>>>>>>>>>>>>>>

And that is why you need to do away with , "Gun Free Zones."

There is no such thing.

This trope has it all wrong, bass ackwards.

The NY Daily News obviously knows nothing of American history, the right of self defense and the 2nd amendment.

10 posted on 04/20/2007 7:35:21 AM PDT by Candor7
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To: dmz

The guy is right...BUT, it was the NUTTY gun law at VT (Gun Free Zone)...had there been a few can carrying students in that class, the SOB would have been dead LONG before he could kill so many.


11 posted on 04/20/2007 7:39:03 AM PDT by Moby Grape
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To: presidio9
But he was close. An acquaintance who feared Cho was suicidal called police, and cops were concerned enough that they brought him before a judge - who likewise sensed something amiss and ordered him psychiatrically evaluated. "Presents an imminent danger to himself," the judge found. But a doctor prescribed outpatient treatment instead of committing him. And that's what let this maniac arm himself.

I wonder where are the calls to have this doctor's license suspended, and where are the civil lawsuits against him for mis-diagnosing such an "imminent danger."

Where are the calls to provide exceptions to the HIPAA laws that prevents such medical information from being shared with the FBI NICS database.

No, let's just ban all guns and we'll be as safe as Washington, DC.

12 posted on 04/20/2007 7:53:54 AM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: Yo-Yo
"Where are the calls to provide exceptions to the HIPAA laws that prevents such medical information from being shared with the FBI NICS database.

These are court records that pertain to fed law disqualifiers. Fed law is stricter than VA law on the matter. The State of VA does not volunteer them to the NCIS database as requested.

13 posted on 04/20/2007 7:59:50 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: spunkets
Yeah, I know. But it really burns me that the Left can get laws passed that repeals one's Second Amendment rights if a person ever had a restraining order (like almost every single divorce has) yet won't share mental health information with the FBI's NICS.
14 posted on 04/20/2007 8:04:06 AM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: NRA1995
The gun laws didn’t cause this; the laws that allow wackos like this guy to roam freely caused it.

Actually the gun laws of Virginia did cause it. Public universities are specifically allowed to ban concealed weapons permit holders from carrying concealed weapons. A bill correcting this problem was barely defeated a year ago. The president of VT was very happy that the ban on concealed weapons on campus would continue.

15 posted on 04/20/2007 8:08:14 AM PDT by Paleo Conservative
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To: Yo-Yo

What was the “outpatient treatment?” I am wondering if PROZAC was involved. That was the ‘drug of choice’ for all of those postal workers that shot up postal centers ten years ago.


16 posted on 04/20/2007 8:08:17 AM PDT by Conservative Infidel (How come they call it "Tourist Season" if we can't shoot them??)
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To: Yo-Yo
"the Left can get laws passed that repeals one's Second Amendment rights if a person ever had a restraining order (like almost every single divorce has)

Bogus restraining orders are only temporary and have no permanent effect.

"yet won't share mental health information with the FBI's NICS."

It's not really health info. These are court findings, that almost always are triggered by some criminal complaint.

17 posted on 04/20/2007 8:12:05 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: presidio9
Goon control, not gun control!

The Second Amendment - Commentaries

18 posted on 04/20/2007 9:16:42 AM PDT by PsyOp (Any dangerous spot is tenable if brave men will make it so. - John F. Kennedy.)
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To: Paleo Conservative

“Actually the gun laws of Virginia did cause it. Public universities are specifically allowed to ban concealed weapons permit holders from carrying concealed weapons. A bill correcting this problem was barely defeated a year ago. The president of VT was very happy that the ban on concealed weapons on campus would continue.”

The victims families should bring suit against all parties responsible for banning guns.


19 posted on 04/20/2007 2:37:08 PM PDT by ViLaLuz (2 Chronicles 7:14)
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