Tuesday, January 15, 2008

Like it or not, the 2nd Amendment is a Constitutional Right

As far as I know, HR 2640 is the only federal law that can cause you to loose a constitutional right for without committing a felony.

HR 2640--Part 1--But Maybe I Like Guns...

HR 2640 is a gun control legislation that has, oddly, passed and been signed into law without too much of a blip on anyone's radar. According to the White House, HR 2640 "requires accurate information on individuals prohibited from possessing firearms to be transmitted by State and local government and Federal agencies to the Justice Department-administered National Instant Criminal Background Check System (NICS); and provides incentives for facilitating electronic transmission of such information to NICS."

Sounds ok.

Heck, Even the NRA thinks HR 2640 is great!
H.R. 2640, the “NICS Improvement Act,” is consistent with NRA’s decades long support for measures to keep guns out of the hands of those who have been adjudicated by a court as mentally incompetent.

...mentally incompetent?

Yes,
as MSNBC reports , the bill which was "spurred by the Virginia Tech campus killings and buttressed by National Rifle Association help" will prohibit the purchasing of guns by those adjudicated as "mentally defective"

...mentally defective?

What the hell?

OK, what does the law actually say?

As used in this Act, the following definitions shall apply...

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective' and `committed to a mental institution' have the same meanings as in section 922(g)(4) of title 18, United States Code.

Ok, so 992(g)(4) of title 18, United States Code says...

(4) has been adjudicated as a mental defective or has been committed to any mental institution.

OKAAAY

I think I'm missing something here.
  • What the hell is a mental defective? (and who is allowed to call someone that?)
  • Committed to any mental institution. ANY? Just a commitment? No elaboration here?
I knew Virgina Tech would bring something nasty for the mentally ill... leave it to the government to make it more confusing, Orwellian and worse than I could imagine.

And wait... I haven't even started on the part about the NATIONAL DATABASE ...

HR 2640 Timeline