FBI Gun Background Check Database Missing Millions Of Records On Mentally Ill

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  3. You have chosen to ignore posts from skeeter20. Show skeeter20's posts

    Re: FBI Gun Background Check Database Missing Millions Of Records On Mentally Ill

    I thought government was the solution to all our problems.  Huh.  Who would have guessed that the government is incompetent as a rule?

     
  4. You have chosen to ignore posts from Jim-in-Littleton. Show Jim-in-Littleton's posts

    Re: FBI Gun Background Check Database Missing Millions Of Records On Mentally Ill

    This was all known after the VA Tech shooting happened.  There is absolutely nothing new here.

     

    The VA Tech shooter had been involuntarily committed by a court but since he later "agreed" (as if he had a choice...) to a full mental health eval it dropped to a level where it was no longer considered involuntary.  On top of that, VA Tech decided that his privacy rights trumped  the Federal requirement that the commitment be reported to the NCIC database. The school decided that they had the authority to over-ride Federal law.

     
  5. You have chosen to ignore posts from Jim-in-Littleton. Show Jim-in-Littleton's posts

    Re: FBI Gun Background Check Database Missing Millions Of Records On Mentally Ill

    In response to 12-Angry-Men's comment:
    [QUOTE]

    Second, when specific 'rights' are in conflict, which one do you defer to? It would seem to me that the doctor-patient privilege and some form of privacy for every American trumps the desire for a few people who want to own an assualt weapon. The SCotUS has already ruled privacy is an issue on this so it would seem that the 'plan B' would be to ban the weapons. If you can't adequetly address the competency of to whom these guns are going to, then the interest of public safety should dictate that they be banned.[/QUOTE]



    There is no conflict between rights here.  "Doctor-patient privilege" is exactly that - a privilege, not a right. There is no such thing recognized in the Federal rules of evidence.

    What does exist in Federal law is a psychotherapist-patient privlege (Jaffee v Redmond), however, there are already established limits on how far that extends. It does NOT extend to someone who exhibits behavior that is a danger to themselves or someone else (i.e. the general public)  and it does not apply at all to any Court ordered evaluation (which is required for all involuntary commitments).

    The privilege isn'a blanket "code of secrecy". 

    Involuntary commitment to a mental heath facility is reported for numerous reasons. The issue of the person not being able to buy a firearm is only one of them.

     
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