Be respectful of others' views and choices.
 #85359  by GreaseMonkey
 
Ok, so there as been some discussion and action regarding gun confiscation and prohibition based on mental illness. It seems that there may be bills pushed in the future (or may already be some in the works that I'm not aware of) that target gun owners themselves, and gun owners whose family members may be on specific medication for mental illness or may have been committed at some time. My question, which I feel is relevant and I have yet to hear asked, is "what about law enforcement officers, federal agents, security personnel, etc. whose careers depend on the use of a firearm?" Will they be exempt? If so, what makes them any more qualified than the average citizen? Will they be asked to sit a desk for the remainder of their careers? What about officers with PTSD from officer involved shootings? What about officers who've lost a friend in the line of duty? Should they then be disarmed? What happens when one of their kids goes on a rampage or talks about killing themselves or someone else at school?

I'm only asking this because I haven't heard anyone discuss it, and I feel there's a big problem when the citizens of this country are treated as second class to the people employed to "protect" them.

Anyone have any input?
 #85360  by Owen
 
GreaseMonkey wrote:I'm only asking this because I haven't heard anyone discuss it, and I feel there's a big problem when the citizens of this country are treated as second class to the people employed to "protect" them.

Anyone have any input?
I agree 110%! Laws that "exempt" the government and it's agents smack of tyranny in my book. No one is "more equal" especially one who is supposed to be a servant of the people.

I think that a 14 amendment challenge is the tact to take in battling these unconstitutional laws.

Text of the Equal Protection Clause of the Fourteenth Amendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Because if you win this in court then the state legislature can't keep trying to limit rights. We are also being denied "due process" when I right it removed without our day in court.
 #85364  by stephpd
 
I don't remember any exemptions in this bill. But that's not to say that the police won't just disregard this when applying it to their own people.

http://legis.delaware.gov/LIS/lis147.ns ... .html?open

This bill is being heard tomorrow at 3pm in the House chambers.
If you have any concerns this would be a good a time as any to air your grievances.

I can't attend this one but hopefully others can. To me this is just a really slippery slope as it's far outside the definition of adjudicated and pries far too deeply into our right to privacy.

The illogic that this will somehow help folks when dealing with mental illness when they know any family member seeking help would cause everyone in the house to loose the right to self defense bewilders me. Seems to me more folks would not seek help.
 #85384  by Kuntryboy816
 
§ 1448B. Civil Procedure to Relinquish Firearms or Ammunition

(a) Any person who from the enactment of this section is:

(1) prohibited from the possession and purchase of dangerous weapons under §1448 of this Title, or

(2) reported to a law enforcement agency by a mental health professional, hospital, institution, or agency pursuant to §5402 of Title 16, shall be investigated by the appropriate law enforcement agency to determine if firearms, as defined in §222 of this Title, and related ammunition, as defined in § 1448(c) of this Title, should be relinquished. If such agency determines that firearms/ammunition should be relinquished, the law enforcement agency shall refer the report to the Department of Justice. The Department of Justice may, upon review of such report, request from the Superior Court an order prohibiting the purchase, ownership and possession of a deadly weapon.

(b) The Department shall have the burden of proving by a preponderance of the evidence that the respondent is dangerous to others or self as defined in Section 5122 of Title 16. The respondent shall have the right to present evidence and be heard in any such proceedings. In the event that the Court makes such a finding, the Court shall issue an order to relinquish respondent’s firearms or ammunition under this section, and such order shall be reported to the Delaware State Bureau of Investigation for purposes of establishing that such person is a person prohibited from the possession or purchase of deadly weapons pursuant to § 1448 of Title 11.

(c) The Court may include in any order that such person shall relinquish to a law enforcement officer any firearms or ammunition owned, possessed, or controlled by such person. Alternatively, the Court may, in its discretion, allow such person to voluntarily relinquish to a law enforcement officer any firearms or ammunition owned, possessed, or controlled by such person. The Court may also, in its discretion, direct any law-enforcement agency to forthwith search for and seize firearms and ammunition of such person prohibited, upon a showing by the petitioner that the person has ownership, control or possession of a firearm or ammunition.
(d) Any person subject to an order of the Court pursuant to this Subchapter may petition the Court for an order to return firearms or ammunition by procedures established by § 1448A of this Title.

(e) If the basis for relinquishment in 1448B(b) is removed by the Court, any firearms and ammunition taken from the person shall be restored in a timely fashion without the requirement of § 1448A.

(f) Any party in interest aggrieved by a decision of the Courts under this Subchapter may appeal such decision to Supreme Court.

(g) The Delaware State Police and the Department of Justice shall work with local law enforcement agencies and the Department of Health and Social Services and its Division of Substance Abuse and Mental Health to develop appropriate internal policies and regulations to ensure that personnel who process such procedures under this section are trained on appropriate mental health risk assessment procedures and also are trained to look for histories of violence.

This whole section irks me but the section highlighted bodes no good for anyone!
 #85385  by Kuntryboy816
 
(g) The Delaware State Police and the Department of Justice shall work with local law enforcement agencies and the Department of Health and Social Services and its Division of Substance Abuse and Mental Health to develop appropriate internal policies and regulations to ensure that personnel who process such procedures under this section are trained on appropriate mental health risk assessment procedures and also are trained to look for histories of violence.

This is absurd, ridiculous, crazy....! So now LEO's will act as certified psychiatrists w/o the years of schooling that a trained professional must go through?!? All an officer will have to say is, "In my opinion...." and it's all over for whoever is on his bad side. I hope everyone here has sent some form of communication to their reps!