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The Va. Tech shooter should have been barred from buying guns under existing law.

Discussion in 'BBS Hangout: Debate & Discussion' started by Refman, Apr 20, 2007.

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  1. Refman

    Refman Member

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    http://www.msnbc.msn.com/id/18217741/site/newsweek/

    This is a 3 page article. The gist is that the 1968 gun control laws should have barred him from buying a gun because he had been adjudicated as a danger to others mentally.

    It seems to me that more gun laws are not the answer...rather enforcing our existing laws would be a remedy. Had the laws been enforced as written, this might have been prevented.
     
  2. ShakeYoHipsYao

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    It should take more than an hour to do an adequate background check. Current laws are what allow for these cases to slip through the cracks.
     
  3. No Worries

    No Worries Member

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    All you gotta do is go to a gun show, if you want to avoid "background checks".
     
  4. Refman

    Refman Member

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    Not really. A decent background check will show criminal convictions and adjudications of danger due to mental deficiency.
     
  5. Ottomaton

    Ottomaton Member
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    Tell me exactly how much personal experience you have with NICS background checks? If the answer is none, how exactly do you come up with your figure of 'an hour'?
     
  6. Ottomaton

    Ottomaton Member
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    As near as I can tell, the problem here is a problem with the wording of the Brady Bill, which requires background check certification by the NICS "National Instant Criminal Background System". This system has no provisions for tracking people who fail the "mental" requirements, only the "criminal" requirements.

    At the moment, the only 'check' regarding mental institutions comes from requirements that the buyer tell the truth on form 4473 under penalty of a felony perjury. Obviously that was not a deterrent to our psycho, and it shouldn’t be expected that it would be.

    Clearly they need to come up with a way to add this to the background check, but I suspect that people who want to track this information are going to run into people who object to the government tracking this information for the same reason they object to tracking prescription drugs.

    Fundamentally, I agree that this needs to be tracked for the background check system, but it needs to not be linked in a way that it can not be accessed by people who have no business accessing it. Fundimentally the idea of the government tracking this information upsets me, but obviously it is necessary.
     
  7. Bandwagoner

    Bandwagoner Member

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    Fix the currently broken system.
     
  8. ShakeYoHipsYao

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    I saw an interview with the guy who sold the shooter at least one of the guns, and he said that the waiting time for the background check was somewhere in the 1 hr - 1.5 hr range. Take that, dick.
     
  9. ricky-retardo

    ricky-retardo Member

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    I think it was obvious the point was why should it take more than an hour not that it took an hour. Again why should it take more than an hour to check your information.
     
  10. Ottomaton

    Ottomaton Member
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    That's nice. Such beautiful prose you write. So I guess the answer is you have no first hand experience and are randomly pulling things out of the air.

    There is no federal wating time for background checks. I am licensed by the BATF to sell firearms. I am registered with the FBI NICS to do "proper background checks" according to federal law. Unless the user is flagged as a possible "do not proced" or "delay" it takes all of three minutes. If they flag it "delay" it can take up to three days. If it takes longer the seller can provisionally give the gun to the buyer. "delay" is flagged once in a blue moon. I have never had a "do not procede".

    Normally at this point I would repeat your angry words back to you, but I can't bring myself to do so. I think at this moment if we were performing a transaction, I would refuse to sell you a gun before we made it to the background check through the NICS.
     
  11. yaoluv

    yaoluv Member

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    I think you should have to have 5 people vouch for you and say that you are responsible enough to own a gun before you are allowed to purchase one.

    That should stop all of the crazed loners.
     
  12. ShakeYoHipsYao

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    Thanks for the info that pretty much backs up my point. Anyways, I'm done with you as you are constantly a dick to everybody whom you disagree with.
     
  13. MadMax

    MadMax Member

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    i'm with you on the criminal conviction part. but i'm unaware of any way in which findings of incapacity are reported to the appropriate authorities regarding input into the gun registry. at least in regard to where i deal with incapacity issues from time to time in harris county.
     
  14. Space Ghost

    Space Ghost Member

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    stupid people post here
     
  15. Invisible Fan

    Invisible Fan Member

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    ^I'm with stupid

    Yeah, the gun culture we have here is American to many. A complete ban would send us back to prohibition era. There's a lot of tough choices to make when it comes to gun control and gun related violence. None have really been addressed by the MSM.
     
  16. thadeus

    thadeus Member

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    smarter people than you also post here, it's like a göddamn smörgåsbord.
     
  17. Space Ghost

    Space Ghost Member

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    From all the reports i've heard, he was NOT considered a danger to others. He was reported by an acquaintance for his own safety. He was not wanted in the classroom because he was taking crotch shots. Even the institute didn't find a danger to himself. The guns were legally bought.

    To the second point, it doesn't matter! This goes back to gun control rights; Taking away guns only leaves guns in criminals hands. This guy had it well planned out. If he couldn't have gotten the gun legally, then he could have gotten it illegally. A little far fetched, considering he was a loner. Either way, he would have found a way to make his point, whether it was with a gun or a crude bomb. I think we were rather lucky considering what he was capable of.

    Now what i don't understand is why non-citizens are allowed to purchase weapons.
     
  18. Ottomaton

    Ottomaton Member
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    ATF Form 4473, Section A Question 11 subquestion f says:

    [rquoter]

    Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?

    [/rquoter]

    This question must be answered yes or no.

    Before section 11 it states:

    [rquoter]
    I certify that the answers to the questions in section A are true and correct.
    ...
    I understand that a person who answers "yes" to any of the questions 11.b. through 11.k is prohibited from purchasing or receiving a firearm.
    ...
    I also understand that making a false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction is a crime punishable as a felony.

    [/rquoter]

    The buyer has to sign that the statements above are understood and correct.

    The seller fulfilled his legal obligations before selling the guns but the guns were not legally bought. If you have ever been commited to a mental institution, it is illegal to buy own a gun under the 1968 Gun Control Act. The act is very clear in this regard.
     
  19. Saint Louis

    Saint Louis Member

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    I'm not considered a danger to others by the "state", but I refuse to buy and own a gun. I know my limitations. If I owned a gun, I'd probably shoot someone for being a stupid ass.
     
  20. Space Ghost

    Space Ghost Member

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    Outpatient is not considered committed.
     

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