I have seen here on this forum stated that the 2nd Amendment really isn't applicable anymore because the US Armed Forces couldn't be defeated by a Civilian Force.
That issue was settled by the Supreme court in the ruling resulting from the lawsuit against the ban in D.C. The ruling stated that the founders did not intend to mean only militias. So, it would seem clear to me that while certain restrictions and regulations may be required, they can't be stopped altogether and any group cut out of the pool who can buy will bring lawsuits arguing that there are constitutional right to bear arms based upon that ruling by SCOTUS and that their rights are being abridged. So, the precedent is there.
The leak seems to be a lack of proper reporting on Mentally Incompetent persons. Who determines that? Patient Confidentiality comes into play..frankly I don't have an answer.
Well, I have one. From the NIMH:
Mood disorders include major depressive disorder, dysthymic disorder, and bipolar disorder.
Approximately 20.9 million American adults, or about 9.5 percent of the U.S. population age 18 and older in a given year, have a mood disorder.1,2
The median age of onset for mood disorders is 30 years.5
So if we eliminate all who have ever suffered a mental illness, which is impossible unless everyone self reports, then 9.5% of the population will never be allowed to own a gun, at any time in their life even if their mood disorder was treated for six months, resolved and never occurred again.
Bipolar disorder affects approximately 5.7 million American adults, or about 2.6 percent of the U.S. population age 18 and older in a given year.1, 2
The median age of onset for bipolar disorders is 25 years.5
Ever hear of a person with bipolar committing mass murder? However, I would not want a gun to be in the hand of a person in an dsyphoric mania/hypomania who is raging and possibly psychotic, to simply have a gun in the home because of being temporarily insane. They won't be able to plan a mass murder of the type that occurred Fri, it would take too much calm and rational (in it's way) planning to execute. So, restricting those who have ever been impatient with bipolar 1 disorder may or may not be rational.
What about impatient for depression? According to a sociologist I read who studies the issue, most mass murderers suffer from depression but is it major depressive disorder? How many people in an episode of major depression even have the ability to concentrate enough to mass murder and yet there are depressives who sleep very poorly and have a restless energy. When depression begins to lift it is the most dangerous time for suicide, the person is still depressed but now more functional. For those who seem motivated to mow people down because for some reason they want to take people with them, that would be an issue or people who want to suicide by cop. I find that one a tough call especially since the majority of those with major depression don't go impatient. My relatively severe mental illness has never resulted in hospitalization.
Should mental illness facilities be required to send all patient information to a national registry? I have a problem with that and yet if a doctor was required to make a call as to whether a person should be reported, they're going to report to save themselves from a lawsuit down the line. Again, most seriously mentally don't mass murder.
Approximately 2.4 million American adults, or about 1.1 percent of the population age 18 and older in a given year,11, 2 have schizophrenia.
Schizophrenics do sometimes commit violent acts...the shooter in Tucson was schizophrenic and had the mental capacity to execute his crime but I have not read if he was psychotic at the time, I don't think so but don't remember but how much was mental illness and how much a person not suffering in the moment from their illness but just being a person capable of committing evil because of a lack of regard for humans...the Tucson murderer was strongly in favor of abortion, though the NY Times reported him as a zealous pro-lifer.
I don't have a problem with a schizophrenic not having a gun even though there is far more crime against the mentally ill than perpetrated by them.
I have often been in conversations with people who have destroyed relationships with their behavior during manias/hypomanias and there is often violence...in the form of reckless driving, lack of concern for others, destroying things in the home and even attacking a loved one but in a long conversation with several people with bipolar 1, most all said that somewhere inside there is a place where they know they should not hurt others, even in psychosis but there is planning murder and murder in an episode, I can see not wanting a person in an episode be able to grab a gun.
The bottom line is most of this would require self reports, if they commit a crime later they can be charged with whatever the penalty is for misrepresenting themselves when applying for a permit. Otherwise it would require a massive intrusion into the mental history of every person ever suffering from mental illness and I don't want the government to know I have one when I have always had the inner resources to not even emotionally hurt those around me.
You've applied for permits...does it ask you if you have a mental illness or only if you've been impatient for mental illness? I have long been considering owning a gun. If I were asked if I had a mental illness and lied, then even if I shot and killed someone in self defense, I think I could be charged with a felony for obtaining the permit with a false report. It's very disturbing to me.