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Old 02-19-2018, 11:31 AM   #3999
CaptainCrunch
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Again, I'm completely on board with gun control, I'm just trying to get a handle on what the realistic options are.

Quote:
Originally Posted by Zulu29 View Post
With regards to the Facebook rants, it’s not a conviction, however, it is a glimpse into a persons psyche at that moment in time. If you post something threatening, etc on Facebook or any other social media platform, you can expect some follow up from the proper authorities. Just because social media allows a more wide range projections of your opinions or statements doesn’t mean anyone gets to hide behind it.
First of all, who's going to track this and administer this and decide what posts are grounds for putting a person an a no guns list? This is a legal hornets nest. I read where the FBI gets 1500 tips a day and most are based around face book posts. Also again a post is not a crime, nor can any conviction be granted without a crime.

Can you even do something like this in the name of public safety, because frankly it goes against innocent before guilty, especially since no crime has been convicted.

We've all said that the idiot quota is filled daily by posts on forums and public media. I just don't see how anything like this can be enforced.

I mean are you ok with Kathy Griffin for example being put on a watch list and heavily investigated because she held up a bloody fake head of Donald Trump.

I would argue by being able to change people's status based on social media, but the other side will argue that this is the first step to a police state.

Also lets say that this guy goes online and says I'm going to murder people. They dispatch the FBI and he says, look, I was angry and I was blowing off steam, I would never ever do anything like this, then are you obligated to remove the whole he can't buy guns thing, or do you need to establish a whole other court system where a judge has to make that decision?


Quote:
Originally Posted by Zulu29 View Post
Also, doctors can be subpoenaed as well so the “privilege” you’re referring to is a bit of a misnomer.
What's the grounds for the subpoena? What's the crime that's been committed? You're going to basically have to strike down the first amendment fights to self expression, the second amendment rights to fire arms will have to be redefined, and you're going to really clutter up the courts getting a subpoena, based on facebook posts or a threatening conversation.

On top of that, I would think that if that came to pass, that less people would actually seek treatment in help due to the fear of someone being able to pry into my private treatment without an actual crime being commitment.

I've used the term minority report style law enforcement, and I think that a lot of people want that right now because they're angry and they think that its the answer. But they probably will until it goes into effect.



Quote:
Originally Posted by Zulu29 View Post
I see you point on the therapy, however my argument would be that if you’re in therapy perhaps you should focus on that rather than purchasing a firearm.
Isn't that up to the individual. The therapist or Doctor certainly can't enforce it, they can suggest it. I think that what you're going to say is that if the therapist or doctor senses that there's a real threat, that he should be able to call a tip line that would create a record or even bring in law enforcement for the good of society. However again, I would worry about the impact for anyone that's seeking help for serious mental health issues or even addiction issues being willing to voluntarily ask for help from the system for fear that what they say can be laid bare without a crime being committed.



Quote:
Originally Posted by Zulu29 View Post
It will take massive civil upheaval, it will take unprecedented gumption by politicians but the courts need to be brought to heel on this particular issue. The need for reform is unprecedented.
What you're talking about is something like "Can nobody do something about this damn priest". Saying the courts need to be bought to heel is a frightening proposition. Just because you think that something is right doesn't mean that you can subvert the rule of law to make it happen, that leads to a government with way too much power.

The courts ask as a powerful check to government, but if you can suddenly have the government bringing the courts to heel. Or worse yet you suddenly want a fully electable supreme court that has to campaign on how they'd change the law instead of acting as priests to enforce and interpret the law, you have a really frightening concept.



Quote:
Originally Posted by Zulu29 View Post
Finally as far as background checks go, I don’t believe criminal convictions should be required, a lower threshold should prevail. The onus should be on the individual to show why they should be allowed the privilege to own a firearm, not on the state.
Until you have the discussion around privilege vs right and redefine the constitution, this is really not a discussion. I'm not trying to be a jerk here or say give everyone a gun. That's not the point of this.

Once you start eroding and redefining rights what goes next. Do people that do shootings lose their right to a defense attorney, does that become a privilege as well. What about the right to humane treatments, and even the rights to citizenship?

I know I'm being a bit over the top on the last part. But the point that I'm getting at, is if you start removing constitutional rights based on possibilities its not going to be a genie that you can put back in the bottle.

I firmly believe that the path to gun control is a mechanics issue instead of fighting constitutional battles.

I believe that gun control is based around enforcement and access, then guessing that someone is going to do harm.
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