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L. Neil Smith's
THE LIBERTARIAN ENTERPRISE
Number 762, March 16, 2014

Socialism kills—not just individuals but whole civilizations.


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"Insanity" Is Now Gun Control—Are You Nuts?
by Alan Korwin
alan@gunlaws.com

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Special to L. Neil Smith's The Libertarian Enterprise

"The National Institute of Mental Health reports that 18% of American adults have some kind of anxiety disorder."
Psychology Today, Jan.-Feb. 2014, p. 25

America's largest national gun-rights groups are moving quickly to "normalize" mental health records—however defined—as a disqualifier for gun ownership. Names of disqualified people are typed by clerks into the NICS Index controlled by the FBI.

The Attorney General is working to change the definition of mental health and mental disability to cast a wider net around innocent people—who used to be disqualified from gun ownership—ONLY—after a complete court hearing with lawyers, appeals, and due process. That is being erased. (See separate story below.)

It all sounds pretty, and normal, and easy to support. Special insider details on the pro-gun effort to expand NICS and mental-records database: fixnics.org

The NICS INDEX is now the standard gun ban for America.

Connect these two seemingly distant facts and you have a formula for expansive gun-rights infringement.

The Brady handgun bill, the bill that would ONLY require a waiting period for handguns, is now the tool for banning PEOPLE (not guns) from their rights. Forever.

It established the NICS check, and worse, the NICS Index, the list of banned PEOPLE.

The list grows and never shrinks.

It is managed by unelected bureaucrats, administered by low-wage functionaries who answered classified ads for jobs, and are now sitting in air-conditioned cubicles in offices in Clarksburg, West Virginia.

American citizens' gun rights are removed by typing their names into a computer, often with no advanced warning or practical means of rights restoration.

You aren't even notified in many cases. You don't even have a way to legally find out if you're in there.

If you innocently walk into a gun store to buy a firearm, and find out you are denied, the denial itself implies you have committed a felony. It's a good thing the authorities don't arrest all the criminals who attempt to by firearms at retail and are denied. (They say a denial is not sufficient grounds to send out a SWAT team, and the danger to customers in the store isn't worth it.) Read all about it:

Why aren't all NICS-check violators arrested?
http://www.gunlaws.com/BradyArrestsLacking.htm
(Answer: So few of them are actually guilty of anything.)

Reasons for typing your name into this nefarious, insidious, unconstitutional, inescapable rights-denying computer file are growing, with glowing support from people and groups supposedly dedicated to saving your right to keep and bear arms.

This could signal the virtual end of gun ownership, as it slips into the law books, administrative procedures, local state offices, and affects everyone who has ever: taken a pill, spoken the wrong words, or been "diagnosed" by—a cop, judge, spouse, teacher, neighbor, or even a foot doctor or dermatologist (or even a shrink). Obama's executive-order directives seek to have doctors question patients about gun ownership, with control of that information about as well managed as the NSA or IRS handles their affairs.

This—the slippery mental-health database entries as a gun-ban tool is a battleground for our rights we have not recognized yet.

The quiet "reasonable" drumbeat to find and lockup the crazies is not getting softer.

Everyone is afraid to speak out against mental health—and the priesthood of head doctors running that crazy carnival. Eventually, the propagandists who are already attacking everything about gun ownership will slip into the obvious—the very desire to even own a gun is practically proof that you must be nuts. What sane person would want to own a killing machine, right?

Someone must speak truth to this growing power that, like politically correct speech, threatens to overtake us.

Who will lead this charge? What form will it take?

The major gun-rights groups are pushing to get mental cases into the NICS system.

The authorities are pushing to get more people classified as crazy.

Put two and two together folks.

IMPORTANT:

In a report I plan to get to, but may not get to, U.S. Attorney General Holder, who is in Contempt of Congress but still holds office, seeks to change the definition of who is mentally incompetent, for the purpose of denying the right to keep and bear arms.

In the Federal Register, Vol. 79, No. 4, Tue., Jan. 7, 2014, Proposed Rules, he proposes an amended definition to "Adjudicated as a Mental Defective" and "Committed to a Mental Institution."

"Adjudicated" would include "determinations by a court, board, commission or other lawful authority..." (my emphasis). That strikes me as WAY too loosey goosey for this or any other government office to use to deny a fundamental right. A person who "lacks the mental capacity to contract or manage his own affairs" falls into the net. Can you manage your own health-care affairs, or do you need a health-care navigator? Would that count?

But wait, it gets worse.

"Mental disease or defect" is not defined in the proposal, but the proposal assures us it, "would clarify, rather than alter, the current meaning of the term." It would however now apply the terms to "a court in a criminal case" so it would include "federal, state, local and military courts," the effect of which is unclear. Local courts typically cannot handle felonies (real criminal matters)— only local ordinances, petty offenses and similar. Are they now included in issuing charges that can deny your right to keep and bear arms? Why else would they be included?

Diseases as you know are caused by pathogens, but mental disorders are psychological things that do not involve bacterial or viruses, leaving the whole field open to interpretation. Further, "committed to a mental institution" would now include both inpatient and outpatient treatment, which is currently undefined. Bottom line, mental conditions that would get people onto the NICS Index will expand dramatically, in unpredictable ways, under Contempt of Congress Holder's proposal.

I guess I now have reported on this, at least in summary fashion. My copy of the Register is covered with notes. This will have to do or I'll never get it released.


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