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What has the US done to tackle gun shootings?

 
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Aug7-12, 07:33 PM   #35
 
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What has the US done to tackle gun shootings?


Quote by CAC1001 View Post
Yes, but how does one go about determining just who is "unfit?" That's the problem. People can be committed for their crimes, the problem is you have to first commit a crime (such as shooting people) to show you're a nut.
Cannot same people who determine whether a person is fit for punishment also determine who is unfit? There will be mistakes but ignoring the mental health issue just seems absurd to me after seeing a series of consecutive massacres all sharing the same root cause.

On positive side:
1) There will be more awareness among Americans about mental health
2) You would less likely to see a mad person shooting in public places
3) People who are not healthy will not live in denial but rather seek help than just ignoring and wasting all their life in dark
Aug7-12, 08:43 PM   #36
 
Quote by rootX View Post
Cannot same people who determine whether a person is fit for punishment also determine who is unfit? There will be mistakes but ignoring the mental health issue just seems absurd to me after seeing a series of consecutive massacres all sharing the same root cause.

On positive side:
1) There will be more awareness among Americans about mental health
2) You would less likely to see a mad person shooting in public places
3) People who are not healthy will not live in denial but rather seek help than just ignoring and wasting all their life in dark
Sane people determine who is fit for punishment via a court system. I doubt the average person would become more knowledgable about mental health issues. As for people who need help, the sane ones go and get it. It's the nuts who are too nuts to realize how nuts they are, that are the problem.
Aug7-12, 09:49 PM   #37
 
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Quote by rootX View Post
I never said declaring people criminals based on a prediction. Rather, all I said that taking guns from hands of people who shouldn't have them. The people who are unhealthy can unlikely use them for their protection or for any other intent that American founders had.
How do you propose choosing which people shouldn't have them? Currently, when a person purchases a firearm from an FFL dealer (a.k.a. a gun store) they have to fill out an ATF Form 4473:

Quote by Wikipedia.org
Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law.
http://en.wikipedia.org/wiki/Form_4473
http://www.atf.gov/forms/download/atf-f-4473-1.pdf

Question 11.f asks:
Quote by ATF Form 4473
Have you even been adjudicated mentally defective, (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others, or are incompetent to manage your own affairs) OR have you ever been committed to a mental institution? (See instructions for question 11.f.)
Question 11.f's instructions:
Quote by ATF Form 4473
Question 11.f. Adjudicated Mentally Defective: A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in a criminal case; and (2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.
So limitations for people deemed mentally unfit already exist, and the judgements can be assessed by several forms of "lawful authority." The release of medical records (psych records) to non-law enforcement agencies can get sticky though...

Quote by rootX View Post
If these people can escape their punishments for being schizophrenia[1] why they should be given lethal weapons that can be used to harm innocent lives. It's similar to letting a blind person drive a car.
He's gotten life in prison, while it isn't a death penalty which I would have much preferred as well, he's out of society forever more. In his case, psychiatric "suspicions" were brought up by witnesses during the trial, but there were no official "judgements" against him thus he was allowed to purchase firearms. Hindsight is always 20-20...

Quote by rootX View Post
Yes, it will never be possible to prevent all freshly blooming nuts (looking at all past incidents however none of them was freshly bloomed when they went on rage) from getting guns. But at least, the mental health should be given a consideration when legally handling person a gun.
It is definitely already a consideration as I've shown, but I agree there is room for improvement, perhaps in proactively getting court rulings against people who are dangers to themselves or society, and making those records easily accessible for the purpose of FBI background checks.
Aug7-12, 10:01 PM   #38
 
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Some other questions in ATF Form 4473:

Quote by ATF Form 4473
11.b. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year? (See Instructions for Question 11.b.)

11.c. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)

11.d. Are you a fugitive from justice?

11.e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

...

11.g. Have you been discharged from the Armed Forces under dishonorable conditions?

11.h. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner? (See Instructions for Question 11.h.)

11.i. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See Instructions for Question 11.i.)
Aug7-12, 11:19 PM   #39
 
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I just am amazed at the apples and oranges comparisons I am seeing posted here. In many cases there is no positive way to identify a menatlly ill person until after the fact. Trying to do it by having them fill out a form is a joke.

RTTNews) - Former University of Colorado student James Holmes was referred to a threat team at his school weeks before he killed 12 people in a deadly theater shooting, throwing new onus on the institution.

Holmes, 24, was seeing school psychiatrist Dr. Lynne Fenton in the week's leading up to the shooting. Fenton, alarmed by Holmes and worried about a possible violent streak, warned the school's Behavioral Evaluation and Threat Assessment (BETA) team, the Denver Post reported this week.

The team was set up by Fenton in 2010 to help pinpoint possible violent students and alert the school to them before an incident could take place.
The federal laws and State laws are a jungle of contradictions. Primarily it appears that one of two elements must be present in regards to mental illness.

1. The person has been adjudicated to be incompetent to manage his own affairs.

2. The person has been involuntarily committed to a mental health facility.

http://www.hsph.harvard.edu/means-ma...e_Firearms.pdf
Aug8-12, 05:40 AM   #40
 
With all this interesting discussion, I guess the simple answer to the original question is:

“Nothing useful.”
Aug8-12, 06:24 AM   #41
 
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Quote by Pkruse View Post
I guess the simple answer to the original question is:
“Nothing useful.”
Did you read any of my above posts? What do you think needs to be done above and beyond what's already required when purchasing a firearm?
Aug8-12, 06:26 AM   #42
 
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Quote by rootX View Post
I never said declaring people criminals based on a prediction. Rather, all I said that taking guns from hands of people who shouldn't have them. The people who are unhealthy can unlikely use them for their protection or for any other intent that American founders had.
You are contradicting yourself. You can't know if someone shouldn't have a gun until they do something wrong. You're declaring: 'If we give you a gun, you might/will use it to commit a crime, so you can't have one.' That's deciding ahead of time to limit a right based on a crime that hasn't been committed yet.
But at least, the mental health should be given a consideration when legally handing person a gun.
You're suggesting we send everyone who tries to buy a gun to see a psychologist or take a test that includes mental competency prior to buying a gun; in order to try to predict if they might use the gun to commit a crime. How does that jive with your first sentence I quoted?
I don't understand why freedom of a nut is more valuable than innocent lives.
Repeating it doesn't make it any more true or less nonsensical than the first time you said it. Again, you don't know if someone is a murderer until they commit a murder and what you are suggesting also limits the freedom of those innocents.
Reason I said innocent lives are priceless because they are more way more valuable than these nuts freedom or lives from my personal opinion as you already said "the scales are generally tipped far toward life".

Yes I might have been exaggerating because of the anger.
So you exaggerated because this issue upsets you. Fine. I'm glad you are self-aware enough to recognize that. But this is why I don't like changing policy based on a traumatic event. People have a tendency to not behave rationally after a traumatic event and the law needs to be rational.
Seeing these shootings one after another and yet complete inaction from the government, why wouldn't you be angry?
Just for clarity, I do want increased gun control in the US. Why don't these mass shootings make me angry and want it even more? Simple: I'm less emotionally driven than you are so I recognize that these events don't change anything.

It is great that you are self-aware enough to know you've been emotionally compromised. Step two though would be to choose not to make decisions when in an emotionally compromised state. I know that's difficult, though.
Government inaction was the main reason I started this thread. I feel occurrence of the same cause behind these incidents is bit too much to be ignored. You likely will have different ways to dealing with the issue but yet you and others seem to be ignoring that there is an issue.
As I said above, I do want increased gun control. What you are not getting is that recent events do not point to any additional need that wasn't already there three weeks ago and that taking quick action based on preventing specific crimes that already happened from happening again can lead to making rash decisions, such as additional compromises in freedom that may prove unnecessary with a more rational analysis.
Aug8-12, 06:31 AM   #43
 
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Quote by edward View Post
In many cases there is no positive way to identify a menatlly ill person until after the fact. Trying to do it by having them fill out a form is a joke.
Note that the check boxes on the form are compared against the instant background check. Criminal records are pretty well handled, but I think psych records aren't as well managed by a central entity.


Quote by edward View Post
The federal laws and State laws are a jungle of contradictions. Primarily it appears that one of two elements must be present in regards to mental illness.

1. The person has been adjudicated to be incompetent to manage his own affairs.

2. The person has been involuntarily committed to a mental health facility.
You forgot the most important one: anyone ruled "a danger to themselves or others" by a judicial entity.
Aug8-12, 09:55 AM   #44
 
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Quote by edward View Post
I just am amazed at the apples and oranges comparisons I am seeing posted here. In many cases there is no positive way to identify a menatlly ill person until after the fact. Trying to do it by having them fill out a form is a joke.
Agreed:
Of the half dozen high profile incidents in the past few years, I don't think any involved/required lying on that form M_E linked.
Aug9-12, 12:59 AM   #45
 
Quote by rootX View Post
You cannot price innocent people lives who just are enjoying their day at their school, watching a movie and having a peaceful religious gathering. Lives of people who never did anything wrong to others are priceless and these lives shouldn't be compromised just to give some psycho or neo-nazi freedom to do whatever he pleases. But, of-course this is a personal opinion.
Were the lives of the 50 million, or so, civilians in gun restricted nations who were slaughtered by their own governments priceless?

Who decides what groups are anti-social and violence prone?

Nazis? Klan? Black Panthers? Pro-life extermists? Greens? Communists? OWS vandals? "Militia" organizations? Quis custodiet ipsos custodes?
Aug9-12, 07:28 AM   #46
 
Mech Engr: Yes I read the posts. Lots of good thinking and discussion. Certainly much has Ben done, but I'd argue that it is all non effective window dressing designed to make people feel good rather than address the problem. It is still easy for anyone to get a gun, and to use it in any way they desire.

I offer no solution regarding guns as I don't think there is one. To fix any problem, we need to get to the root. Guns are not the root.

As some of this current discussion addresses, I believe that the root is our completely broken mental health system. Several more competent than I have published articles on that recently. One on the Time site this morning is particularly good, but a quick search will turn up many more.
Aug9-12, 08:11 AM   #47
 
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Quote by Pkruse View Post
Mech Engr: Yes I read the posts. Lots of good thinking and discussion. Certainly much has Ben done, but I'd argue that it is all non effective window dressing designed to make people feel good rather than address the problem. It is still easy for anyone to get a gun, and to use it in any way they desire.
I'm working on a more detailed analysis, but real quick:

We had an assault weapons ban in effect for a few years that could have had a substantial impact on at least one case:

Jarrod Laughtner shot Rep. Giffords and 17 others with a legally purchased generic 9mm and a 33 round magazine. He was thwarted from further shooting by a failed attempt to reload that gave victims an opportunity to take him down. Thus it is reasonable to conclude that if the assault weapons ban had still been in effect, its ban on magazines above 10 round capacity could have prevented 12 people from being shot.

Now while I think that law matters, I am fully aware that the resulting ~4 saved lives are statistically insignificant. I wouldn't call it window dressing, but it isn't that useful in the big picture.
Aug9-12, 09:17 AM   #48
 
Quote by russ_watters View Post
He was thwarted from further shooting by a failed attempt to reload that gave victims an opportunity to take him down. Thus it is reasonable to conclude that if the assault weapons ban had still been in effect, its ban on magazines above 10 round capacity could have prevented 12 people from being shot.
Or, the more reliable 10 round magazines wouldn't have jammed, like in the CO shooters drum magazine, and more would have died. I've been an NRA Life Member for more than 40 years. I started hunting/shooting at 8 and competitively as soon as I was old enough. IMO, the problem with most gun control relates to "punishing all" to catch a few. As was discussed above, cars kill more people and we don't ban cars and require mass transit. Alcohol kills by toxic effects, drunk drivers, rage events, etc., but we don't ban it for all because of some people. There isn't any redeeming factor for cigarettes, and they are far more deadly than guns at 444,000 deaths per year in the US ALONE. Source: http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5114a2.htm . Cigarettes aren't banded and you don't need a permit to buy or use them.

I would break with some of my fellow shooters on a few points. IMO, just as first time hunters are required to have hunter safety classes before getting a license to hunt, anyone owning a firearm for protection should be required training on the proper, safe, and legal use of the firearm weapon class (rifle, shootgun, pistol, muzzle loader, etc.) being purchased, with refresher courses as laws change. EXCEPT, the State should be barred from any actions which would limit training with the actual or intended purpose of limiting ownership to people that would otherwise qualify. IMO, such training should include reasonable skills assessments, since discharging a firearm at an intruder in your home can be dangerous. I think if someone wants to own a gun they should be able to handle it safely for its intended purpose (target shooting, hunting, security, collectors, etc.). I support the FBI Instant Check system http://www.fbi.gov/about-us/cjis/nic...ion/fact-sheet . I would also like to see the Eddie Eagle Safety Program http://www.nrahq.org/safety/eddie/ in the public school system as part of the generic health classes. We all know kids will likely come in contact with a weapon in their lifetime, and knowing the Eddie Eagle basics can’t do anything but help, IMO.
Aug9-12, 09:53 AM   #49
 
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From what I read, the issue was that he dropped the new magazine, not that there was a jam.
Aug9-12, 05:44 PM   #50
 
Some of this info is a bit out of date but I doubt that much has changed(I don't care for certain political slants but the info is cited).:

Edit: removed inappropriate link, there are valid sources of information available

Regardless of being against restrictions on mag capacity and any additional restrictions on firearms for ideological reasons(I would like to see the NFA machine gun registry reopened and SBRs removed from the NFA), according to this info for the years looked at the majority of criminal homicides involve less then 3 shots being fired. Also according to this info for the years looked at most of the non-suicide criminal deaths involving guns are actually criminals killing each other.

Magazine capacity limits would possibly only come into play for the occasional large shooting which doesn't make up the vast majority of gun homicides. Standard capacity and 100rd magazines are in wide circulation so even if a ban was passed, it's not going to prevent someone from purchasing them with the intent of going on a shooting spree.

Also as I wrote before bombs would be more effective in large crowds if the persons goal is maximum deaths.

EDIT:Well apparently Evo didn't think my link was a valid source of information, I happen to disagree but I will conform to the mods rules.
Aug9-12, 06:05 PM   #51
 
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Yes, this was emotionally motivated thread, and that was the reason I put this thread in General Discussion initially and didn't have any references in my post. Otherwise, I can only have limited substantial discussion because I don't know much about America as I pointed out in my OP.

Related article from fox:
http://www.foxnews.com/opinion/2012/...-it-terrorism/
At present, our mental health care system is so fractured, with followup so unreliable, information so scattered and authority granted to psychiatrists so meager, that those with delusions, even those who have expressed the desire and intent to kill others, falling through the cracks isn't the exception; it's the rule.
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