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Thread: McCarthy/ Dingel H.R. 297

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    Regular Member Kelly J's Avatar
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    This is another knee jerk reaction to the Virginia Tech. Shooting, and I understand it is being supported by the NRA!

    This is the text of the bill.




    [*]
    HR 297 IH

    110th CONGRESS

    1st Session

    H. R. 297

    To improve the National Instant Criminal Background Check System, and for other purposes.

    IN THE HOUSE OF REPRESENTATIVES



    January 5, 2007
    Mrs. MCCARTHY of New York (for herself and Mr. DINGELL) introduced the following bill; which was referred to the Committee on the Judiciary
    [line]


    A BILL

    To improve the National Instant Criminal Background Check System, and for other purposes.

    • Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    • (a) Short Title- This Act may be cited as the `NICS Improvement Act of 2007'.

    • (b) Table of Contents- The table of contents for this Act is as follows:

      • Sec. 1. Short title; table of contents.

      • Sec. 2. Findings.

      • Sec. 3. Definitions.

    TITLE I--TRANSMITTAL OF RECORDS

      • Sec. 101. Enhancement of requirement that Federal departments and agencies provide relevant information to the National Instant Criminal Background Check System.

      • Sec. 102. Requirements to obtain waiver.

      • Sec. 103. Implementation assistance to States.

      • Sec. 104. Penalties for noncompliance.

    TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS

      • Sec. 201. Continuing evaluations.

    TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

      • Sec. 301. Disposition records automation and transmittal improvement grants.

    TITLE IV--GAO AUDIT

      • Sec. 401. GAO audit.

    SEC. 2. FINDINGS.

    • Congress finds the following:

      • (1) Approximately 916,000 individuals were prohibited from purchasing a firearm for failing a background check between November 30, 1998, (the date the National Instant Criminal Background Check System (NICS) began operating) and December 31, 2004.

      • (2) From November 30, 1998, through December 31, 2004, nearly 49,000,000 Brady background checks were processed through NICS.

      • (3) Although most Brady background checks are processed through NICS in seconds, many background checks are delayed if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law.

      • (4) Nearly 21,000,000 criminal records are not accessible by NICS and millions of criminal records are missing critical data, such as arrest dispositions, due to data backlogs.

      • (5) The primary cause of delay in NICS background checks is the lack of--

        • (A) updates and available State criminal disposition records; and

        • (B) automated access to information concerning persons prohibited from possessing or receiving a firearm because of mental illness, restraining orders, or misdemeanor convictions for domestic violence.

      • (6) Automated access to this information can be improved by--

        • (A) computerizing information relating to criminal history, criminal dispositions, mental illness, restraining orders, and misdemeanor convictions for domestic violence; or

        • (B) making such information available to NICS in a usable format.

      • (7) Helping States to automate these records will reduce delays for law-abiding gun purchasers.

      • (8) On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law.

    SEC. 3. DEFINITIONS.

    • As used in this Act, the following definitions shall apply:

      • (1) COURT ORDER- The term `court order' includes--

        • (A) a court order (as described in section 922(g)(8) of title 18, United States Code); and

        • (B) a protection order (as defined in section 2266(5) of title 18, United States Code).

      • (2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.

      • (3) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE- The term `misdemeanor crime of domestic violence'--

        • (A) has the meaning given the term in section 921(a)(33) of title 18, United States Code;

        • (B) includes any Federal, State, or local offense that--

          • (i) is a misdemeanor under Federal, State, local, or tribal law or, in a State that does not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of 1 year or less or punishable only by a fine regardless of whether or not the State statute specifically defines the offense as a crime of domestic violence;

          • (ii) has, as an element of the offense, the use or attempted use of physical force, such as assault and battery, or the threatened use of a deadly weapon; and

          • (iii) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim; and

        • (C) does not include a crime described under subparagraph (A) if--

          • (i) the person was not convicted by the jurisdiction in which the proceeding was held;

          • (ii) the person was not represented by counsel in the case and did not knowingly or intelligently waive the right to counsel in the case;

          • (iii) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried--

            • (I) the case was not tried by a jury; and

            • (II) the person did not knowingly or intelligently waive the right to have the case tried by a jury, by guilty plea, or otherwise; or

          • (iv) the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless--

            • (I) the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or

            • (II) the person is otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.


    TITLE I--TRANSMITTAL OF RECORDS

    SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    • (a) In General- Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended--

      • (1) by striking `Notwithstanding' and inserting the following:

        • `(A) IN GENERAL- Notwithstanding';

      • (2) by striking `On request' and inserting the following:

        • `(B) REQUEST OF ATTORNEY GENERAL- On request';

      • (3) by striking `furnish such information' and inserting `furnish electronic versions of the information described under subparagraph (A)'; and

      • (4) by adding at the end the following:

        • `(C) QUARTERLY SUBMISSION TO ATTORNEY GENERAL- If a department or agency under subparagraph (A) has any record of any person demonstrating that the person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code, the head of such department or agency shall, not less frequently than quarterly, provide the pertinent information contained in such record to the Attorney General.

        • `(D) INFORMATION UPDATES- The agency, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall--

          • `(i) update, correct, modify, or remove the record from any database that the agency maintains and makes available to the Attorney General, in accordance with the rules pertaining to that database; or

          • `(ii) notify the Attorney General that such basis no longer applies so that the National Instant Criminal Background Check System is kept up to date.

        • `(E) ANNUAL REPORT- The Attorney General shall submit an annual report to Congress that describes the compliance of each department or agency with the provisions of this paragraph.'.

    • (b) Provision and Maintenance of NICS Records-

      • (1) DEPARTMENT OF HOMELAND SECURITY- The Secretary of Homeland Security shall make available to the Attorney General--

        • (A) records, updated not less than quarterly, which are relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, for use in background checks performed by the National Instant Criminal Background Check System; and

        • (B) information regarding all the persons described in subparagraph (A) of this paragraph who have changed their status to a category not identified under section 922(g)(5) of title 18, United States Code, for removal, when applicable, from the National Instant Criminal Background Check System.

      • (2) DEPARTMENT OF JUSTICE- The Attorney General shall--

        • (A) ensure that any information submitted to, or maintained by, the Attorney General under this section is kept accurate and confidential, as required by the laws, regulations, policies, or procedures governing the applicable record system;

        • (B) provide for the timely removal and destruction of obsolete and erroneous names and information from the National Instant Criminal Background Check System; and

        • (C) work with States to encourage the development of computer systems, which would permit electronic notification to the Attorney General when--

          • (i) a court order has been issued, lifted, or otherwise removed by order of the court; or

          • (ii) a person has been adjudicated as mentally defective or committed to a mental institution.

    SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.

    • (a) In General- Beginning 3 years after the date of enactment of this Act, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under the Crime Identification Technology Act of 1988 (42 U.S.C. 14601) if the State provides at least 90 percent of the information described in subsection (c). The length of such a waiver shall not exceed 2 years.

    • (b) State Estimates-

      • (1) IN GENERAL- To assist the Attorney General in making a determination under subsection (a) of this section, and under section 104, concerning the compliance of the States in providing information to the Attorney General for the purpose of receiving a waiver under subsection (a) of this section, or facing a loss of funds under section 104, each State shall provide the Attorney General with a reasonable estimate, as calculated by a method determined by the Attorney General, of the number of--

        • (A) criminal history records for misdemeanors and felonies;

        • (B) State criminal history records with disposition information;

        • (C) active court orders in the State; and

        • (D) State records of persons adjudicated mentally defective or committed to a mental institution.

      • (2) SCOPE- The Attorney General, in determining the compliance of a State under this section or section 104 of this Act for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the prior 30 years, which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.

      • (3) CLARIFICATION- Notwithstanding paragraph (2), States shall endeavor to provide the National Instant Criminal Background Check System with all records concerning persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, regardless of the elapsed time since the disqualifying event.

    • (c) Eligibility of State Records for Submission to the National Instant Criminal Background Check System-

      • (1) REQUIREMENTS FOR ELIGIBILITY-

        • (A) IN GENERAL- From information collected by a State, the State shall make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, or applicable State law.

        • (B) NICS UPDATES- The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable--

          • (i) update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; or

          • (ii) notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date.

        • (C) CERTIFICATION- To remain eligible for a waiver under subsection (a), a State shall certify to the Attorney General, not less than once during each 2-year period, that at least 90 percent of all information described in subparagraph (A) has been made electronically available to the Attorney General in accordance with subparagraph (A).

        • (D) INCLUSION OF ALL RECORDS- The State shall make every effort to identify and include all of the records described under subparagraph (A) without regard to the age of the record.

      • (2) APPLICATION TO PERSONS CONVICTED OF MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE- The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, records relevant to a determination of whether a person has been convicted in any court of a misdemeanor crime of domestic violence. With respect to records relating to such crimes, the State shall provide information specifically describing the offense and the specific section or subsection of the offense for which the defendant has been convicted and the relationship of the defendant to the victim in each case.

      • (3) APPLICATION TO PERSONS WHO HAVE BEEN ADJUDICATED AS A MENTAL DEFECTIVE OR COMMITTED TO A MENTAL INSTITUTION- The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, the name and other relevant identifying information of persons adjudicated as mentally defective or those committed to mental institutions to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code.

    • (d) Privacy Protections- For any information provided to the Attorney General for use by the National Instant Criminal Background Check System, relating to persons prohibited from possessing or receiving a firearm under section 922(g)(4) of title 18, United States Code, the Attorney General shall work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to the system. The Attorney General shall make every effort to meet with any mental health group seeking to express its views concerning these regulations and protocols and shall seek to develop regulations as expeditiously as practicable.

    • (e) Attorney General Report- Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsection (b) and in making that information electronically available to the Attorney General pursuant to the requirements of subsection (c).

    SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.

    • (a) Authorization-

      • (1) IN GENERAL- From amounts made available to carry out this section, the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations.

      • (2) GRANTS TO INDIAN TRIBES- Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments, including tribal judicial systems.

    • (b) Use of Grant Amounts- Grants awarded to States or Indian tribes under this section may only be used to--

      • (1) create electronic systems, which provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as `NICS'), including court disposition and corrections records;

      • (2) assist States in establishing or enhancing their own capacities to perform NICS background checks;

      • (3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;

      • (4) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18, United States Code, to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;

      • (5) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; and

      • (6) collect and analyze data needed to demonstrate levels of State compliance with this Act.

    • (c) Condition- As a condition of receiving a grant under this section, a State shall specify the projects for which grant amounts will be used, and shall use such amounts only as specified. A State that violates this subsection shall be liable to the Attorney General for the full amount of the grant received under this section.

    • (d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $250,000,000 for each of the fiscal years 2008 through 2010.

    • (e) User Fee- The Federal Bureau of Investigation shall not charge a user fee for background checks pursuant to section 922(t) of title 18, United States Code.

    SEC. 104. PENALTIES FOR NONCOMPLIANCE.

    • (a) Attorney General Report-

      • (1) IN GENERAL- Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in automating the databases containing information described under sections 102 and 103, and in providing that information pursuant to the requirements of sections 102 and 103.

      • (2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out paragraph (1).

    • (b) Penalties-

      • (1) DISCRETIONARY REDUCTION- During the 2-year period beginning 3 years after the date of enactment of this Act, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) if the State provides less than 60 percent of the information required to be provided under sections 102 and 103.

      • (2) MANDATORY REDUCTION- After the expiration of the period referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), if the State provides less than 90 percent of the information required to be provided under sections 102 and 103.

      • (3) WAIVER BY ATTORNEY GENERAL- The Attorney General may waive the applicability of paragraph (2) to a State if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102 and 103.

    • (c) Reallocation- Any funds that are not allocated to a State because of the failure of the State to comply with the requirements of this title shall be reallocated to States that meet such requirements.


    TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS

    SEC. 201. CONTINUING EVALUATIONS.

    • (a) Evaluation Required- The Director of the Bureau of Justice Statistics (referred to in this section as the `Director') shall study and evaluate the operations of the National Instant Criminal Background Check System. Such study and evaluation shall include compilations and analyses of the operations and record systems of the agencies and organizations necessary to support such System.

    • (b) Report on Grants- Not later than January 31 of each year, the Director shall submit to Congress a report containing the estimates submitted by the States under section 102(b).

    • (c) Report on Best Practices- Not later than January 31 of each year, the Director shall submit to Congress, and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States regarding the collection, maintenance, automation, and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by Federal or State law, by the State or any other agency, or any other records relevant to the National Instant Criminal Background Check System, that the Director considers to be best practices.

    • (d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2010 to complete the studies, evaluations, and reports required under this section.


    TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

    SEC. 301. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL IMPROVEMENT GRANTS.

    • (a) Grants Authorized- From amounts made available to carry out this section, the Attorney General shall make grants to each State, consistent with State plans for the integration, automation, and accessibility of criminal history records, for use by the State court system to improve the automation and transmittal of criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments, to Federal and State record repositories in accordance with sections 102 and 103 and the National Criminal History Improvement Program.

    • (b) Grants to Indian Tribes- Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems.

    • (c) Use of Funds- Amounts granted under this section shall be used by the State court system only--

      • (1) to carry out, as necessary, assessments of the capabilities of the courts of the State for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; and

      • (2) to implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories.

    • (d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General to carry out this section $125,000,000 for each of the fiscal years 2008 through 2010.


    TITLE IV--GAO AUDIT

    SEC. 401. GAO AUDIT.

    • (a) In General- The Comptroller General of the United States shall conduct an audit of the expenditure of all funds appropriated for criminal records improvement pursuant to section 106(b) of the Brady Handgun Violence Prevention Act (Public Law 103-159) to determine if the funds were expended for the purposes authorized by the Act and how those funds were expended for those purposes or were otherwise expended.

    • (b) Report- Not later than 6 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress describing the findings of the audit conducted pursuant to subsection (a).
    END

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    NRA STATEMENT ON LEGISLATIVE EFFORTS ON CAPITOL HILL



    Recent reports in the Washington Post, Newsweek and other media outlets are fanning Internet rumors regarding the NRA’s position concerning legislation currently being discussed in Congress in the aftermath of the horrific crimes that occurred at Virginia Tech.



    The NRA has a long history of supporting measures to keep guns out of the hands of violent criminals and those who have been adjudicated by a court as mentally incompetent, and we will continue to do so. We will also continue our efforts to make sure that the National Instant Background Check System (NICS) is accurate, fair, and instant by seeking changes to permanently ensure that no fee is associated with the check, that system outages are minimized, and that our men and women in uniform who have served our country honorably are not unjustly denied their constitutional rights. As always, the NRA is committed to ensuring that any proposal does not infringe upon the right of law-abiding gun owners.



    It is impossible to predict right now what any final bill will look like; therefore, we will withhold judgment until we see a final product. However, the NRA will continue to work with Members of Congress throughout the process to ensure that any changes to the NICS benefit lawful gun purchasers while ensuring that those adjudicated by the courts as mentally incompetent are included in the system.



    Including necessary records on prohibited persons into the NICS is a position we have long supported. However, history has shown that no law will stop a madman intent on doing evil.

    The NRA believes that our schools are not adequately protected. Therefore, we believe a national conversation on school security is necessary, and we look forward to those discussions and finding meaningful solutions to keep America’s children safe.



    For more information, visit http://www.nraila.org/Issues/FactShe...&issue=018

    ************************************************** ************************************************** *************************

    The National Rifle Association has always supported including the records of individuals adjudicated mentally defective into the National Instant Background Check System. We believe that the NICS should serve the intent of Congress, which is to prohibit the legal sale of firearms to criminals and other prohibited persons, such as adjudicated mental defectives. However, we must not forget that the NICS also serves the purpose of clearing firearm purchases by law-abiding Americans. Too often, the system has been abused and has not delivered on the promise of a fair and instant check.

    In order for NICS to be effective and efficient, it should not be bogged down with unnecessary information or duplicative records. It should not be used to charge transaction fees on background checks; as a permanent repository of gun purchase information; or to unnecessarily delay the ability of law-abiding Americans to purchase firearms.

    The NRA has achieved many improvements to the NICS over the years, including the destruction of approved transaction records within 24 hours, and prohibiting the FBI on an annual basis from charging a "user fee" on background checks.

    We continue to support legislative efforts that:



    ·
    Improve the accuracy of NICS records

    ·
    Reduce delayed approvals for firearm purchasers

    ·
    Require federal and state governments to remove or update inaccurate records when discovered

    ·
    Provide the NICS with information on events such as criminal expungements and removal of restraining orders, thus lifting a person’s prohibition on possessing firearms

    ·
    Permanently prohibit the FBI from charging a "user fee" on NICS background checks

    ·
    Ensure that mentally defective adjudications are limited to adjudications following adversarial hearings only, not administrative findings such as depression or Post Traumatic Stress Disorder; and that mental disability records are removed from the NICS if a judge determines that the person is no longer a danger to himself or others, or no longer requires involuntary treatment

    ·
    Provide necessary funding for the NICS so that it can operate as accurately and quickly as possible, without unnecessary delays; and provide necessary funding for states to transmit records on prohibited classes of persons, so that the NICS is effective and efficient

    We do not support proposals that allow for unnecessary or overly broad information to be included in the NICS; unfairly target individuals who have not been adjudicated mentally defective; seek to retain approved NICS transaction records for more than 24 hours; or anything else that would expand NICS beyond its original purpose.

    The NRA will continue to work for the quickest and most accurate NICS possible on behalf of our members and law-abiding gun owners across the country.

  3. #3
    Regular Member Kelly J's Avatar
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    Personally I have no problem with the premise of the purpose but I do have a Question, in response to the stated guidelines, and the reason for the current action being undertaken, First the boy was not under a Mental care in this case granted he maybe should have been but it was the lack of the Virginia Law that allowed this guy to slip through the cracks, tragic no doubt but it is repairable.

    Two, what provisions have been made or for that matter even considered in the case of a Divorce when one or the other of the people involved swear out a restraining order to do nothing more than cause a problem for the other when in fact there is no actual cause for it, this has happened and because of it the person that got the order placed against them is forever banned from owning a handgun, and according to the information of the proposed bill that would forever stand.

    It is something I would have concern for as when you get into the area on mental fitness it is and can be a very large gray area of the Science, open to interpretation.



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    Kelly I believe that was brought up about being placed on the federal list and there being no provisions to take someone off the list when they are found to again be compatent.

    I believe it will be the slippery slope that will lead to people prescribed prozac or similar drugs or that may need some counseling to be placed on the list and forever banned just because they were a little depressed.

    Maybe I'm just a little parinoid or untrusting of politicians.

  5. #5
    Regular Member Kelly J's Avatar
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    kimbercarrier wrote:
    Kelly I believe that was brought up about being placed on the federal list and there being no provisions to take someone off the list when they are found to again be compatent.

    I believe it will be the slippery slope that will lead to people prescribed prozac or similar drugs or that may need some counseling to be placed on the list and forever banned just because they were a little depressed.

    Maybe I'm just a little parinoid or untrusting of politicians.
    I agree with you , and futhermore I personally think that a DR. that prescribes Prozac, orHalzion, I think that is the correct spelling, might look to another drug, those drugs in my personal opinion have caused some otherwise normal people to go over the edge.

    And no I do not trust the biggest majority of Democrats, or Republicrats to treat the gun issue with an open mind or fairness, especially giventheir track record.

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