Hi****

 ****

The  Left's big issue is not crime, about which they care not a whit, but
how to control as many people as possible by making them dependent upon
govt largesse or "permission to act".  This can occur via O-care, via Gun
Control, via Tax Law, via NSA metadata, via Food Stamps****

 ****

Note that whenever the govt tries to exert control, they rarely do it in a
way that is legally "de minimus", but rather by doing it as broadly and
vaguely as possible.****

 ****

That's why these gun control laws regarding "mental health" do not limit
the disqualifying conditions to specificaly defined conditions that pose a
high risk of "danger to self or others".  They want to be able to interpret
everything in any way they see fit, as with the elementary school student
who chewed his PopTart into the shape of a gun.  How could any rational
person believe that this poses any kind of threat?  Obviously, only the
obsessed and overreaching people will interpret it that way.  Rather like
the IRS department that took it upon themselves to INTERPRET the tax code
to prevent conservatives/libertarians from participating in the political
process.  After all, those folks are evil, and they don't deserve to
participate in politics, right?****

 ****

By the same "reasoning", anyone who iis INTERESTED in the Constitution, or
firearms, or self-defense, or responsible limited government must, by
definition, be mentally ill in the eyes of all politically correct
guardians/slavemasters of the public forum. ****

 ****

Note that I am NOT opposed to institutionalizing people who are genuinely
shown to be "dangerous nuts" over a substantial track record, but letting a
doctor or policeman make a quickie decision on the fly is, pardon the
expression, "insane".  And the police obstructionism in failing to return
that vet's firearms AFTER he was examined and found "not dangerous" is just
one more way an overreaching bureaucracy should never be allowed to act.****

 ****

In case you are wondering, my solution to such bureaucratic harassment is
to statutorily allow civil lawsuits for triple damages or more (since the
tort is intentional and knowingly in violation of the law, since it is
"outside the scope and course of their duties").  And the statute must
specify that the traditional Sovereign Immunity protection of govt
officials specifically does not apply in such cases, and the defendant
cannot be reimbursed by the employing entity, even after the fact or
through deceptive mechanisms, such as extra overtime pay or extra vacation
pay, allowing the civil plaintiff to have access to the officer's and
department's payroll records for up to 10 years after the lawsuit.  That
would serve as a strong disincentive to "freelancing and misinterpreting"
the law in the belief you won't suffer any consequences.****

 ****

Incentive and disincentive.****

 ****

---****

Randy****

 ****

 ****

 ****

*************************************************************************



http://www.wnd.com/2013/06/cops-even-taking-muskets/


****
Cops even taking muskets****Illinois veteran had to fight for return of
antiques****

Published: 1 day ago ****

[image: author-image]Jack Minor <http://www.wnd.com/author/jackmino/> About*
***

[image: Musketfire]****

Gun control enthusiasts have frequently mocked Second Amendment supporters
by saying they only have the right to a musket, which was the weapon of
choice at the time the Bill of Rights was drafted.****

However, now lawmakers have taken to even confiscating these weapons.****

The Daily 
Herald<http://www.dailyherald.com/article/20130609/news/706099896/>reports
Arthur Lovi, a resident of Arlington Heights, Ill., who is also an
Air Force veteran, was speaking to a VA psychiatrist about tragedies in his
life, including the loss of his wife of 33 years.****

Although she had died nine years before, Lovi said the wound from her death
was still raw. Even to this day, he remained somewhat bitter after a doctor
incorrectly diagnosed her as having a cold after she complained of being
tired and bruising easily. The following day another doctor informed her
she had leukemia, and she died a few weeks later.****

"I'll have hard feelings about it until the day I die," Lovi told the Daily
Herald. "Not that a day would make a difference, but maybe it would have.
I'll never know."****

Followings his appointment with the psychiatrist, the therapist contacted
the police to tell them Lovi had made a threat against the doctor who made
the first diagnosis. However, she went on to tell them she did not consider
him to be a threat, but simply did so because it was part of her job.****

Th report resulted in several officers showing up at his house later that
night and confiscating his three antique firearms, which included a musket
that was over 100 years old.****

According to Lovi, two days later he asked about his firearms, and an
officer came to his house to talk about it. He said after the officer
turned the conversation to his wife, he became upset. The officer demanded
Lovi undergo a psychiatric evaluation. Following the evaluation, it was
determined he was not a danger to himself or others.****

In spite of the clean bill of health, it was only after Lovi obtained a
lawyer two months later that his firearms were returned. Lovi has since
filed a lawsuit against the Arlington Heights Police Department alleging
one of the weapons was damaged and citing emotional damages as well as
violations of his Second and Fourth Amendment rights.****

Lovi's case is just the latest of a disturbing trend of government
officials using mental health claims as an excuse to strip law-abiding
citizens of the Second Amendment rights.****

After the massacre of 20 children and six adults at Sandy Hook Elementary
School in Newtown, Conn., Democrats attempted to pass a series of federal
gun laws that critics say would have done nothing to prevent the shooting.**
**

In both the Sandy Hook shooting as well as other mass shootings, including
the Aurora theater shooting in Colorado and Virginia Tech, the shooters had
a history of mental illness. However, in each of these instances health
care officials did not think the individuals displayed sufficient signs of
violence to report their patients to authorities.****

This prompted calls from lawmakers, including Republicans who are normally
opposed to gun control, to call for an examination over how to prevent the
mentally ill from having access to firearms.****

At face value, the issue resonates with the American people, primarily
because for many the face of Jack Nicholson in "One Flew Over the Cuckoo's
Nest" comes to mind when they think of the mentally ill.****

However, the problem is government officials often have a far different
definition of who is mentally ill and should not have access to firearms
than that of the average American.****

"I think the gun control crowd, including legislators, are going to keep
pushing on that area because they have successfully confused a lot of
people as to whether it is a valid issue or not and whether it is useful
for law enforcement," said Larry Pratt, executive director of Gun Owners of
America. "As long as they can flummox people I think they'll continue
pushing. They're very opportunistic and will do whatever it takes to move
the ball forward for them. They're pretty good about that."****

WND recently reported that under Operation Vigilant Eagle, the Obama
administration has performed surveillance on military veterans who express
views critical of the government.****

Attorney John Whitehead, founder of the Rutherford Institute, said the NSA
is using its snooping authority to gather data on Americans, including
posts to various website to provide a pretext for a later diagnosis of
mental illness against veterans.****

"The FBI and the Secret Service are showing up to request an interview to
question specific Internet posts the veteran has placed on websites such as
Facebook," Whitehead explained, noting that the agencies are looking for
"anti-Obama views that can be interpreted to reflect psychological problems
of sufficient seriousness to disqualify the veteran from ever owning a
firearm."****

The Veteran's Administration has also begun taking action to declare
returning veterans mentally incompetent and threatened to remove their
decision-making authority.****

In February, Investors.com
reported<http://news.investors.com/ibd-editorials/022513-645683-administration-strips-vets-of-gun-rights.htm?p=full>a
complaint by Michael Connelly, executive director of the United States
Justice Foundation, over veterans getting letters from the Veterans
Administration informing them they have been declared mentally incompetent.*
***

The vet must provide evidence to the contrary within 60 days. If the vet
desires a hearing, he or she must inform the Veterans Administration within
30 days.****

"A determination of incompetency will prohibit you from purchasing,
possessing, receiving, or transporting a firearm or ammunition. If you
knowingly violate any of these prohibitions, you may be fined, imprisoned,
or both pursuant to the Brady Handgun Violence Prevention Act,
Pub.L.No<http://pub.l.no/>.
103-159, as implemented at 18, United States Code 924(a)(2)," the letter
reads.****

Gun confiscation using a broad definition of mental illness is not just a
federal tactic; several states have also done so for mental conditions that
most Americans would not consider to be a dangerous threat.****

In New York, following the passage of the gun control legislation in
response to the Sandy Hook shooting, the legislature passed a law
prohibiting the mentally ill from owning firearms.****

Under the state's mental health provisions, law-enforcement officials
confiscated the guns of David Lewis after they discovered he was on
anti-anxiety medication. Following widespread media attention, local
officials returned Lewis' firearms an announced they had made a "mistake."**
**

Earlier this year California passed a bill allocating $24 million for
officials to confiscate firearms from those who legally are not allowed to
have them, including those who have received intensive treatment for a
mental disorder.****

The situation is even more alarming when considering exactly who is defined
as being mentally ill.****

The American Psychiatric Association's new Diagnostic and Statistical
Manual of Mental Disorders has just expanded the list of mental disorders
by declaring normal human actions and emotions as mental illness.****

For instance, a child throwing a temper tantrum is now considered to be
suffering from "disruptive mood dysregulation disorder." If a person is
suffering grief over the death of a loved one he now has a "major
depressive disorder," while a person who eats more than he needs at a
buffet restaurant now suffers from "binge eating disorder."****

Pratt said Republican lawmakers seem to believe that by calling for
restricting the mentally ill from owning firearms they are standing for
Second Amendment rights while also promoting public safety. However, he
says they are sadly mistaken if they think they deflect the issue from the
ultimate goal of leftists, which is gun confiscation.****

"If they think this is going to deflect from the front of gun control they
are actually walking right into a trap," Pratt said. "It is as if they were
the fly listening to the spider inviting them to come into his parlor."****

He said the media hypes the mental health issue.****

"I don't think it is an issue, I think it's phony. Psychiatry is not an
exact science," Pratt explained. "It cannot predict with any certainty if
someone is going off to do something violent. The people who have committed
these mass murders generally don't have any kind of a record of prior
violent acts.****

"It's an extremely irrelevant issue, and conservatives make a big mistake
by jumping on the mental health bandwagon. It's not the first time we have
used the enemy's weapons and we pay for it every time."****


__._,_.___






__,_._,___

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