Opinions on firearm ownership/possession among the mentally ill/handicapped (Read 23010 times)

eyeeatingfish

It is meant to be abusive.

This law is nothing more than the progressive socialists running that state enabling their minions to impose their will upon those they consider "non believers".
The fact that more people are killed riding bicycles every year than have been killed by "mass" shootings in the last 14 years be damned. They will not be deterred by the facts or the evidence.
In fact, in the case they cite as the reason for this law, the murderer killed more people with a knife than with a firearm. Notice how they never mention that little tidbit of info.

The TRO law is not meant to be abusive it is an attempt to provide extra protection. I am not sure if any lives were saved because a TRO took away an abusive spouses firearms or not but I haven't seen any proof that it is just a gun grab by the anti gun crowd. They get the gun back at the end of the TRO, it isn't a permanent revocation of firearms.

eyeeatingfish

And therein lays the problem. Most of what mental health professionals do is subjective, not objective. So creating some sort of system whereas the MH professionals would have to objectively evaluate a person without influencing the outcome by their personal bias (say against firearms) is a tremendously difficult task.

Indeed, but there do seem to be some problems in this world in which you may never be able to erase subjectivity. Some sports would be impossible to jude/referee if subjectivity were not allowed for example. Of course sports are not at the same level as rights but that was just to illustrate that maybe subjectivity cannot be eliminated from solving this problem. Sociology and psychology are not really hard sciences because humans don't always follow laws of nature/math/science, they won't all act the same way in reaction to the same stimulus.

Perhaps a system involving a judge and a psychologist could be developed with check box type criteria that would be objective so as to get a more consistent and reliable result? Problem with that too is that someone with enough intelligence might be able to pick up on standard criteria type questions and predict the desirable answers. It really is a difficult task.

HiCarry

The TRO law is not meant to be abusive it is an attempt to provide extra protection. I am not sure if any lives were saved because a TRO took away an abusive spouses firearms or not but I haven't seen any proof that it is just a gun grab by the anti gun crowd. They get the gun back at the end of the TRO, it isn't a permanent revocation of firearms.
You miss the point. I don't think anyone, and certainly I'm not, suggesting that the TRO process was purposefully designed to abusive, But that being said, it is very clear that it is abused. In a divorce one party takes out an unwarranted TRO  because it may bolster their case, and likely their financial return. Having a TRO taken out on them, the aggrieved party takes one out on the other party, to get even. I've seen cases where self-inflicted injuries are used as a basis of the "he hit me...I'm afraid" complaint that resulted in a TRO.

Now, at least with the California law, any family member can make a complaint and the other party's firearms will be taken. It matters not that they "may" be returned at the conclusion of an investigation. What matters is that someone was deprived of their civil rights without due process. The fact that someone is essentially guilty, based on no evidence just the word of another individual, should worry everyone.

edster48

The TRO law is not meant to be abusive it is an attempt to provide extra protection. I am not sure if any lives were saved because a TRO took away an abusive spouses firearms or not but I haven't seen any proof that it is just a gun grab by the anti gun crowd. They get the gun back at the end of the TRO, it isn't a permanent revocation of firearms.

I call BS.

They knew the law would be abused when they wrote it. Anyone with even the smallest modicum of intellect would realize this, especially in hyper hysterical Kalifornia. How can I know this? They know the existing TRO  laws are being abused, and they do nothing about it, citing "safety for all concerned" as their reasoning for allowing the abuses to continue. When have you ever heard of someone being prosecuted for abusing the TRO law? I personally know someone whose ex. has taken out multiple TRO's on him any time she can't get her way in an argument. The TRO is granted, without question, every time. She then proceeds to seek him out in an attempt to get him to violate the order. Has she ever been prosecuted for this? No.

As I stated in my earlier post, whenever the government writes laws that are meant to "provide extra protection", the only thing they succeed in doing is oppressing the individual rights of the citizens they're supposedly trying to protect.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

mauidog

New York next to pursue Gun Violence Restraining Order legislation

Quote
Only days after California’s precedent setting bill authorizing confiscatory gun seizures from those deemed a risk becoming law,
the Empire State may be next to examine the concept.

A new bill intended for the state Assembly, modeled after California’s AB1014, was debuted this week by a Manhattan Democrat.
Like the West Coast law, the first of its kind in the nation, it would set up a framework to deny firearm possession to those believed to be dangerous.

“So this is a bill that would permit family members or friends or medical professionals or law enforcement or really anyone who’s concerned
that somebody having to access to guns poses a serious danger to go to a court and present evidence of that, and if the court were persuaded,
they would be able to issue a temporary order preventing the person from acquiring or possessing guns,” Assemblyman Brian Kavanagh, author
 of the legislation, told WAMC this week.

http://www.guns.com/2014/10/04/new-york-next-to-pursue-gun-violence-restraining-order-legislation/
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

eyeeatingfish

You miss the point. I don't think anyone, and certainly I'm not, suggesting that the TRO process was purposefully designed to abusive, But that being said, it is very clear that it is abused.

Absolutely agreed, I see TROs being used all the time in ways they weren't meant to. To affect child custody, to evict a tenant or a landlord, etc etc. I even saw a lady get a TRO on a cop because he kept citing her for parking violations and the judge granted it! When he found out what the lady did he apparently wasn't too happy with her.

Maybe part of the problem is that no judge wants to be the one to deny a TRO and then that is the one time someone gets killed.