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Thread: Schumer Pushes for Military to Report Applicant's Drug Use to Prevent Gun Purchases

  1. #1
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    Mar 2011
    North Carolina

    Schumer Pushes for Military to Report Applicant's Drug Use to Prevent Gun Purchases

    If someone admits to a federal official that he's used illegal drugs, that information should be sent to the FBI so that person can be disqualified from purchasing a gun, Sen. Chuck Schumer said Sunday.

    Noting that the alleged shooter in the Tucson massacre had admitted to military recruiters that he had used drugs on several occasions, Schumer said he is proposing to the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives that the military be required to notify federal officials about such admissions. The New York Democrat said such a process does not require new legislation.

    Jared Lee Loughner is charged with five federal counts in the killing of a federal judge and shooting of Arizona Rep. Gabrielle Giffords. The mass shooting January 8 outside a Safeway grocery store resulted in six dead and 13 injured.

    A military official told Fox News last week that Loughner was rejected from enlisting in the Army in 2008 because he admitted he had used drugs. The official spoke on condition of anonymity because privacy laws prevent the military from disclosing such information about an individual's application.

    Schumer said if military recruiters or other officials report admissions of drug use to a national database, those individuals could be denied a gun.

    "After Jared Loughner was interviewed by the military, he was rejected from the Army because of excessive drug use. Now, by law, by law that's on the books, he should not have been allowed to buy a gun," Schumer told NBC's "Meet the Press."

    "But the law doesn't require the military to notify the FBI about that, and in this case they didn't. So I --this morning -- I'm writing the administration and urging that that be done, that the military notify the FBI when someone is rejected from the military for excessive drug use and that be added to the FBI database," Schumer said.
    Honestly, if you think its no big deal to tell your recruiter you used to do drugs, especially when you're trying to help that recruiter get you a job...maybe you really shouldn't be carrying a gun.

    But in all seriousness, what if you fail the drug test at MEPs when you're trying to enlist and they decide to make that transmittable to the FBI? We want to keep the streets safe...maybe private businesses who give drug test their employees should be mandated reporters as well, after all, we don't want those people owning guns.

    The Reno policy remained in place despite a 2007 law designed to improve the NICS. That law ordered all federal agencies to forward to the FBI the names of those ineligible under federal law to buy a gun from a licensed dealer.

    The law states that the names are to be sent at least quarterly, "notwithstanding any other law."

    Despite the NICS Improvement Amendments Act, the Defense Department apparently did not change its policy. Drug test information is still not forwarded to the FBI to protect the privacy of the applicants, said Col. Thomas Collins, an Army spokesman.

    "Currently, there is no statute that clearly stipulates what conditions or scenario would warrant a report about military applicants or recruits to the National Instant Criminal Background Check System," said Defense Department spokeswoman Eileen Lainez.

    If Loughner had been put on the prohibited list in 2008, he would have remained there for one year under the rules of the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces federal gun law. It will never be known if he would have tried to buy a second gun after being denied the first.

    Few drug abusers wind up on the NICS list as being ineligible to purchase a firearm because of that abuse or addiction...
    Anyone can end up on the list if it can be determined that the person has abused drugs within a year, Strong said. For example, a current or former member of the armed forces can be added to the list if a soldier is disciplined, arrested, convicted at court-martial or discharged for drug abuse.
    So if a command decide to handle the test failure "in house" (as they oftentimes do), would they be exempt from reporting? Many units are severely understrength and cannot risk losing a soldier who has proven to be good at their job because he fails a drug test. The 1 year ban is beyond silly...if we find out, no matter when in the last 20 years you smoked that joint, you're going in time out for a year mister. If we REALLY wanted to get guns off of the street, don't let the DEA ban Spice and bath salts...just mandate that shops selling it give the credit card information of those who purchase the products to the government. That way they can be added to the list for possible violation of the Federal Analog Act

    If we're going to think up even more gun control measures, how about we start somewhere the fact that only in a few states is it illegal to consume alcohol while open carrying.

    Remember folks...collective punishment is the way to keep people in line. When one person does something wrong, its best to take advantage of the tragedy and run with it, so long as it suits your agenda.
    *Disclaimer: Military related statements lacking citation may be anecdotal evidence from personal experience*

  2. #2
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    Mar 2011
    Phoenix, AZ
    The obvious result of such a rule will be that drug users won't get the help they need. I hardly see how that's an improvement.

  3. #3
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    Has anyone Actually Read Schumers' Bill at THOMAS?

    The Bill MANDATES Denial, at any Point in a 5 Year Period, for even an Arrest for a Drug Charge/Drug Paraphernalia Charge, EVEN ABSENT A CONVICTION!

    Schumers' Bill has NOTHING to do with Helping People, and has EVERYTHING to do with TAKING AWAY ANYONES RIGHT TO KEEP AND BEAR ARMS.

    Military Recruiter and Military Enlistee Communications, are, and should be, PRIVELEGED.

    Furthermore, neither The Military nor any other Private Employer, or any other Public Entity for that matter, should have to Report Drug-related Information to The NICS, unless; The Person in Question has a SERIOUS Problem (Meth, Cocaine, or Heroin), not just a Marijuana Arrest/Charge or any other Over-the-Counter Out-of-Container Messups, etc.

    Any Arrest/Charge/or any other Social Ill Associated with: Alcohol, Tobacco, Marijuana, Caffiene, and Over-the-Counter Pills; SHOULD NOT be Forwardable to The NICS under ANY Circumstances, whether done so Lawfully or not!

    Schumer is a Anti-Gun Zealot from New York, just like His Brethen Lautenburg, from New Jersey!
    Last edited by aadvark; 03-22-2011 at 11:32 AM.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    May 2006
    North Chesterfield, Va.
    All congressmen should be reported and removed from office if they have ever used illegal drugs, abused alcohol, ever received treatment for a psychological problem or ever thought about proposing legislation not authorized by the Constitution.

    The halls of Congress would echo with the silence.
    Last edited by Grapeshot; 03-22-2011 at 12:01 PM. Reason: fix
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
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    Jan 2010
    Fairborn, Ohio, USA
    Make no mistake about it; I am against this law. (I doubt it will pass.)

    However, communications between recruiter and enlistee are NOT privileged. They are protected by the Privacy Act, but nothing in that law prohibits information sharing between agencies when another agency has a valid need for the information. Any unlawful activity that you admit to in front of a government employee is generally not privileged. There are some exceptions (doctor, lawyer, clergyman, etc.), but recruiter is not one of them.

    That being said, the provision in the law that would bar gun ownership for five years for a drug arrest with no conviction violates the provisions in the Constitution that protects us against the taking of life, Liberty, or property without due process.

    Arrest is not due process.

  6. #6
    Campaign Veteran MSG Laigaie's Avatar
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    Jan 2011
    Philipsburg, Montana

    However, communications between recruiter and enlistee are NOT privileged.

    I was an Army recruiter and also served as an Army Guidence Counselor at the MEPS (military entrance processing station) in Little Rock Ar. As a recruiter, I was VERY interested in my applicants drug use. The " have you ever been arrested, charged,held, or detained, by ANY law enforcement officer regardless if you were convicted, aquitted, expunged, sealed or charges were dropped" question is followed up by police checks (city,county,state) and a followup interview w/ Guidence Counselor. I did not share this information with anyone outside recruiting command. If privacy act information would be shared as suggested, recruiters will not have many applicants showing up at the door.

    From AR 601-210Active and Reserve Components Enlistment Program
    a. Applicant interview. Recruiter will interview applicant on any records of arrest, charges, juvenile court adjudications,
    traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have
    been expunged or sealed. No applicants will be allowed to enlist or ship without a DD Form 369 (Police Record
    Check). Guidance counselors upon receipt of a tech check that lists a law violation(s) not previously disclosed will
    initiate match proceedings in accordance with USAREC Regulation 60196.

  7. #7
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    I CONCUR with Your Statements in Regard to The Federal Privacy Act of 1974 and, therefore, will ADAPT them as My Own.

    I ADAPT Rapidly.

    However, I still Think, although Wrongfully, that The United States Military and Military Authorities have Different needs than what does Civilian Organizations and Civilian Authorities.

    Amensty Hour is Practied by EVERY Military Organization, both in The Military Entrance Processing Stations AND upon Arrival at any Point-of-Entry Basic Training Barracks/Fort/Mast/Post/Station.

    Last edited by aadvark; 03-22-2011 at 01:15 PM.

  8. #8
    Campaign Veteran since9's Avatar
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    Jan 2010
    Colorado Springs, Colorado, USA
    This bill is off-target. Even if it does pass, it's likely to be challenged and declared unconstitutional.
    I no longer have any confidence in the moderation or administration of this forum. Nonetheless, the First STILL protects the Second, and the Second protects the First! Together, they protect the rest of our Bill of Rights and other founding documents. If you're going to do anything at all, do it right!

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