Re-posting this from the BEARING ARMS forum. I sincerely hope some of you will help to fight against this dangerous, un-Constitutional bill.
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Why Is The Tarheel State Trying To Be More Anti-gun Than The Federal
Government?
-- NICS reporting bill flawed in numerous ways
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
Wednesday, June 18, 2008
Dear North Carolina gun rights supporter,
You probably recall the long fight in Congress last year over the Veteran's
Disarmament Act. Although GOA -- thanks to its very active members -- was
able to substantially improve that legislation, it still represents the most
significant gun control passed at the federal level in the last decade.
In essence, large numbers of mental health records are now being sent by the
states to the federal NICS system for purposes of gun purchase background
checks. And so states are implementing procedures as to how they are going
to do this.
To no one's great surprise, the politicians in Raleigh are screwing up the
process big-time.
SB 2081 will potentially disarm large numbers of North Carolinians who pose
no danger to themselves or others... probably even in violation of federal
law! You read it right. SB 2081 goes beyond what is legally permissable
under federal law in many cases.
First, some background: In a letter dated May 9, 2007, the BATFE made it
clear that it is now going to treat a simple OUTPATIENT mental health
referral as though it were a "commitment to a mental
institution" -- and
thus a reason to prohibit a citizen from purchasing guns. In the same nutty
letter, BATFE opined that as long as there is even a *miniscule* chance of
persons being a danger to themselves or others (or being unable to handle
the vagaries of their affairs), the prohibition will stand. And what
psychiatrist is going to bet his or her professional reputation that a given
individual will never be a miniscule danger?
However, this letter is not a regulation, it is just BATFE's opinion. And
therein lies the rub. Even though federal interpretations are anti-gun, they
do require at least a tiny risk or some incompetence to be demonstrated.
There is no requirement in federal law that such outpatient records must be
delivered to NICS by the states.
When SB 2081 bans "outpatients" from owning firearms, it is
banning a class
of citizens, which BY STATUTORY DEFINITION poses no danger! None. NC General
Statute 122C-263(d)(1) permits commitment to outpatient treatment only for
people "capable of surviving safely in the community" whereas
dangerous
people, by law, have to be committed to an inpatient facility.
That doesn't seem to matter to anti-gun politicians like Attorney General
Roy Cooper, who has literally bragged that outpatient reporting has disarmed
80,000 people in Virginia... apparently he hopes the Tarheel State can
better that record.
This is a very dangerous precedent and a poorly-drafted bill at best. We've
seen veterans being disarmed for life merely for seeking treatment for
nightmares. And now Raleigh wants to notify the feds when sometimes we're
talking about no more than a stressed-out person being sent home by a shrink
with a prescription and orders to get some needed rest?
Unfortunately, it gets worse -- SB 2081 violates federal law. You see,
probably the only reason that the federal Veteran's Disarmament Act managed
to pass was that it included a provision for people being able to get their
rights restored once they have recovered from their mental trauma. In fact,
states are MANDATED to provide a "relief from disabilities"
process -- or
lose large amounts of federal money. Once you have been "fully
released or
discharged from all mandatory treatment, supervision, or
monitoring" you are
no longer a prohibited person, period.
So how have the anti-gunners in the state capital chosen to do this? By
stating that:
The burden is on the petitioner to establish by clear and convincing
evidence that the petitioner no longer suffers from the condition that
resulted in commitment and no longer poses a danger to self or others for
purposes of the purchase, possession, or transfer of firearms....
And just in case you might be able to afford the time and money to hire an
attorney and go to court, they further direct that "The district
attorney
shall present any and all relevant information to the contrary."
But there's still a tiny chance you might prevail, so they're not done yet!
Guess what? That anti-gun DA gets statutory access to ALL of your records --
you are required to sign a waiver to that effect. Further, the judge can, in
his sole discretion, decide that the "public interest" would
be better
served if all proceedings (and all of those records) were made completely
public. And just to rub a little more salt into the wound, should an
anti-gun judge deny your petition, you are barred from trying again for a
full year.
It is a truism that PTSD has become a catch-all diagnosis for returning
military personnel. Sure, some people need legitimate help. But others are
only trying to get a decent night's sleep and are no danger to their
community. Certainly they don't deserve to lose their gun rights forever
just because war is hell.
In a state with a large number of active duty and veteran military
personnel, it is important that North Carolina not create a program which
will go even further than the anti-veteran program recently enacted by the
federal government.
ACTION:
This is probably going to be a long battle. Gun owners need to contact their
elected officials in Raleigh "early and often." A full Senate
contact roster
is appended below, as well as a pre-written letter to help direct your
comments. The easiest way to help is to simply copy/paste the pre-written
letter into an an e-mail to your Senator. If you don't know who your Senator
is, you can plug in your zipcode at http://www.ncga.state.nc.us/ to identify
him or her.
--- Suggested pre-written letter --
Dear Senator:
SB 2081 goes beyond federal law -- and quite possibly violates it.More
than 100,000 veterans have been disarmed for life, often due to nothing
more than the nightmares one would expect after returning from combat. Those
fine people are no danger to our communities.
I am greatly disturbed by many aspects of SB 2081, especially the following:
1. Disarmament (for life) for simple OUTPATIENT treatment... which makes no
sense, as under current NC law, a person committed to outpatient treatment is
by definition "capable of surviving safely in the community"
and thus shouldn't be stripped of their constitutional rights;
2. A smoke-and-mirrors "process" for regaining those lost
rights that sets
standards which are almost impossible to meet; and,
3. The very fact that my state, with its numerous active duty and veteran
military personnel, would be willing to go far beyond the bounds of federal
requirements in disarming large segments of its populace.
Please vote against SB 2081. I also urge you to bring the problems with the
bill to the attention of your colleagues.
****************************
North Carolina State Senate Roster
Dis Name E-mail
01 Basnight Marcb@ncleg.net
02 Preston Jeanp@ncleg.net
03 Jenkins Clarkj@ncleg.net
04 Jones Edwardj@ncleg.net
05 Kerr Johnk@ncleg.net
06 Brown Harryb@ncleg.net
07 Berger, D Dougb@ncleg.net
08 Soles Rcsoles@ncleg.net
09 Boseman Juliab@ncleg.net
10 Albertson Charliea@ncleg.net
11 Swindell abs@ncleg.net
12 Smith Freds@ncleg.net
13 Weinstein Davidw@ncleg.net
14 Malone Vernonm@ncleg.net
15 Hunt Nealh@ncleg.net
16 Cowell Janetc@ncleg.net
17 Stevens Richards@ncleg.net
18 Atwater Boba@ncleg.net
19 Rand Tonyr@ncleg.net
20 McKissick Floydm@ncleg.net
21 Shaw Larrys@ncleg.net
22 Blake Harrisb@ncleg.net
23 Kinnaird Elliek@ncleg.net
24 Foriest Tonyf@ncleg.net
25 Purcell Williamp@ncleg.net
26 Berger, P philbe@ncleg.net
27 Hagan Kayh@ncleg.net
28 Dorsett Katied@ncleg.net
29 Tillman Jerryt@ncleg.net
30 East Done@ncleg.net
31 Brunstetter Peterb@ncleg.net
32 Garrou Lindag@ncleg.net
33 Bingham stanb@ncleg.net
34 Brock Andrewb@ncleg.net
35 Goodall Eddieg@ncleg.net
36 Hartsell Fletcherh@ncleg.net
37 Clodfelter Danielc@ncleg.net
38 Dannelly Charlied@ncleg.net
39 Rucho Bobr@ncleg.net
40 Graham Malcolmg@ncleg.net
41 Forrester Jamesf@ncleg.net
42 Allran Austina@ncleg.net
43 Hoyle Davidh@ncleg.net
44 Jacumin Jimja@ncleg.net
45 Goss Steveg@ncleg.net
46 Dalton Walterd@ncleg.net
47 Queen JoeQ@ncleg.net
48 Apodaca Toma@ncleg.net
49 Nesbitt martinn@ncleg.net
50 Snow Johnsn@ncleg.net
****************************
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