One would get the impression listening to gun control advocates or,
indeed, to President Obama and those Democrats vying to succeed him that
the United States is in the midst of an epidemic of violence; awash in
blood with murderers and mass killers roaming the streets carrying guns
they've bought at gun shows, over the Internet or from crazed neighbors.
In fact, many Americans share this view. A recent Pew poll asked
respondents if they believe the U.S. homicide rate has gone up or down
over the last twenty years. Fifty-six percent of those polled said it
has gone up and only twelve percent believed we are safer today than two
decades ago.
The perception here and abroad has little to do with reality and a
lot to do with political grandstanding. In fact, over the last twenty
years or so the U.S. homicide rate has not just receded, but has been
cut in half. The United States does indeed have a higher homicide rate
than some industrialized nations in Europe and Japan, but is very, very
different in size and complexity to those nations usually cited by those
who wish to blame guns for the differences.
Here is one simple fact for those who blame firearms ownership and
availability in this country for the murder and violent crime rate that
plagues some of our major cities: while crime and violence were being
cut in half, gun ownership was doubling.
It is too simple to claim that there is less violence in the United
States today because more of our citizens are armed, but it is clear
that there is no correlation between the number of guns in private hands
with either the murder or violent crime rates as claimed by most gun
control advocates.
The president likes to talk about ‘gun violence’ which is something
that includes firearms accidents, suicides and those killed with guns.
There are statistically very few firearms accidents in this country
thanks to safety training and common sense. Two-thirds of all gun deaths
are suicides and while some claim that making it more difficult for
potential suicides to get guns would decrease the total number of
suicides, international data suggest otherwise. That leaves two
additional categories although former New York Mayor Michael Bloomberg's
groups lump those killed by police and even the death of the Boston
Marathon Bomber as a firearms homicide. They are criminal gun violence
and so-called mass shootings.
Criminals using firearms are the biggest problem, but it is a problem
we as a society know how to handle. If a thug walks into a convenience
store with a gun and robs it, he has committed both a state and federal
crime. Robbery is a state crime, but committing a felony with a firearm
is a federal crime and prosecutable as such with a five year minimum
sentence. A felon in possession of a gun is also prosecutable and can
get five to ten years for having one in his possession.
Back in the nineties, the NRA partnered with law enforcement
officials and prosecutors in Richmond, Virginia, which was at that time
listed as America's murder capital. The message was simple. Use a gun to
commit a crime and you will get five years in a federal penitentiary
with no possibility of a plea bargain. The murder rate dropped 32
percent the first year and another 20 percent the next, but the U.S.
attorney who participated in what came to be known as “Project Exile”
was criticized by Eric Holder, then Deputy Attorney General, for wasting
prosecutorial resources.
Today felons or criminals using firearms are rarely prosecuted by the
federal government. In fact, today's U.S. murder capital is Chicago,
the jurisdiction with the lowest rate of such prosecutions. Before
President Obama issued his recent series of “Executive Orders” on gun
violence, it was suggested that they would include instructions to U.S.
prosecutors to begin charging gun criminals under existing law. That
idea was dropped in favor of actions that don't target criminals, but
will make it harder for non-criminals to buy firearms.
The final category involves mass shootings such as the killing at the
Sandy Hook Elementary School and the Washington Navy Yard. These
tragedies rarely if ever involve criminals. They are invariably
perpetrated by the severely and dangerously mentally ill. This category
of violence is the most difficult to deter or prevent, but beefed up
school security, getting the states to put the most potentially
dangerous into the background check system and rebuilding the U.S.
mental health system are the keys to dealing with them.
The American people are lucky in that the nation's founders wrote the
age old right of self defense into our Bill of Rights. Many nations
don't recognize such a right, but Americans do. It is estimated, in
fact, that as many as 200,000 crimes are deterred in a typical year by
armed potential victims. It's why in every jurisdiction that has
legalized what we call ‘concealed carry’ has seen a drop in violent
crime. Burglars don't break into a house with a Rottweiler in the yard
and are reluctant to use violence against a man or woman who just might
be able to fight back.
source
Showing posts with label BATFE BATFEIEIO. Show all posts
Showing posts with label BATFE BATFEIEIO. Show all posts
Thursday, January 21, 2016
Thursday, August 6, 2015
Cornyn’s NRA-Backed Mental Health Bill Needs to Address Key Questions
Via David Codrea
“A+”-rated* Sen. John Cornyn has the National Rifle Association’s backing for a “modest” bill “that would reward states for sending more information about residents with serious mental problems to the federal background check system for firearms purchasers,” Fox News is reporting. The legislation is generating no small amount of debate among gun rights advocates, with some supporting it as a pragmatic move designed to thwart more draconian proposals, and others characterizing it as a preemptive surrender (and worse).
Without getting into that debate, because there will be plenty of others weighing in on both sides, I’d instead like to just ask a few questions that all who are interested in due process ought to be interested in seeing answered. By way of disclosure, my longstanding contention is that anyone who can’t be trusted with a gun can’t be trusted without a custodian, but that’s not likely to be reflected in social policy anytime soon, so it’s not the focus here.
Backers of the bill tell us “due process” protections will be increased for veterans and others under Cornyn’s bill. Per his spokesman, “This bill codifies into law that individuals must get their day in court they’re entitled to, and no agency or state can make their own determination without that.”
It would help if we knew what protections equivalent to those provided in a jury trial that will provide. Specifically, will decisions rely on those who may have biases of their own, as can currently be the case, with ATF’s “clarifying the term ‘adjudicated as a mental defective’ to mean a determination by a court, board, commission or other lawful authority,” and with some states applying even broader “standards”?
What protections will exist to offset politically-connected anti-gun judges, politically-appointed boards, and “expert” adherents of the American Psychiatric Association’s “Position Statement on Firearm Access, Acts of Violence and the Relationship to Mental Illness and Mental Health Services.” It’s fair to ask, because APA includes in its advocacy platform registration-enabling, background checks, “smart” guns, storage requirements, “gun-free” zones, doctor-patient boundary violations, tax-funded anti-gun “studies,” all outside the scope of the training and credentialing of those making these proposals.
Significantly though, even APA admits:
Also of interest – or it should be – how will rights be restored when there is no longer a compelling mental health prescription to deny them? What universal appeal mechanism – affordable to all, not just to elites for whom money is no object – will exist to declare a person is once more “eligible” to keep and bear arms? What guarantees are there that the same biases that colored the disability ruling in the first place won’t reassert themselves in the “parole” process? And have we identified psychiatric evaluators, risk management administrators and insurers who will be willing to subject themselves to malpractice liabilities should a person deemed “fit” be misdiagnosed? Or will the pressure be to “err on the side of caution”?
Read the whole thing Here
“A+”-rated* Sen. John Cornyn has the National Rifle Association’s backing for a “modest” bill “that would reward states for sending more information about residents with serious mental problems to the federal background check system for firearms purchasers,” Fox News is reporting. The legislation is generating no small amount of debate among gun rights advocates, with some supporting it as a pragmatic move designed to thwart more draconian proposals, and others characterizing it as a preemptive surrender (and worse).
Without getting into that debate, because there will be plenty of others weighing in on both sides, I’d instead like to just ask a few questions that all who are interested in due process ought to be interested in seeing answered. By way of disclosure, my longstanding contention is that anyone who can’t be trusted with a gun can’t be trusted without a custodian, but that’s not likely to be reflected in social policy anytime soon, so it’s not the focus here.
Backers of the bill tell us “due process” protections will be increased for veterans and others under Cornyn’s bill. Per his spokesman, “This bill codifies into law that individuals must get their day in court they’re entitled to, and no agency or state can make their own determination without that.”
It would help if we knew what protections equivalent to those provided in a jury trial that will provide. Specifically, will decisions rely on those who may have biases of their own, as can currently be the case, with ATF’s “clarifying the term ‘adjudicated as a mental defective’ to mean a determination by a court, board, commission or other lawful authority,” and with some states applying even broader “standards”?
What protections will exist to offset politically-connected anti-gun judges, politically-appointed boards, and “expert” adherents of the American Psychiatric Association’s “Position Statement on Firearm Access, Acts of Violence and the Relationship to Mental Illness and Mental Health Services.” It’s fair to ask, because APA includes in its advocacy platform registration-enabling, background checks, “smart” guns, storage requirements, “gun-free” zones, doctor-patient boundary violations, tax-funded anti-gun “studies,” all outside the scope of the training and credentialing of those making these proposals.
Significantly though, even APA admits:
Only a small proportion of individuals with a mental disorder pose a risk of harm to themselves or others.Casting a wide net and leaving the shot-calling up to those with subjective political motivations has historical precedence – predominantly in “gun control” havens.
Also of interest – or it should be – how will rights be restored when there is no longer a compelling mental health prescription to deny them? What universal appeal mechanism – affordable to all, not just to elites for whom money is no object – will exist to declare a person is once more “eligible” to keep and bear arms? What guarantees are there that the same biases that colored the disability ruling in the first place won’t reassert themselves in the “parole” process? And have we identified psychiatric evaluators, risk management administrators and insurers who will be willing to subject themselves to malpractice liabilities should a person deemed “fit” be misdiagnosed? Or will the pressure be to “err on the side of caution”?
Read the whole thing Here
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