So this guy could buy a gun?

[M14 Shooter]

But if he was from Oklahoma, he could buy from a private vendor.

Unless he is legally prohibited from owning a firearm

I imagine there are thousands like him in New York so it's good they have the laws they do.

Criminals have no issue obtaining a firearm in NY

 

[JGalt]

Would he be on some kind



Would he be on some kind of crazy person list if he were to try to buy from a licensed gun dealer? That would flag him as a person not allowed to own guns?

He doesn't have felonies.

Unless he was convicted of a crime and has a record, or he has been adjudicated to be mentally unfit, he could purchase a firearm at any gun store or licensed FFL dealer at a gun show. But the adjudication of mental unfitness is sketchy because of HIPPA laws. So other than the criminal background check, the other questions on the BATF Form 4473 depend on the honesty of the purchaser.

 

[marvin martian]

But if he was from Oklahoma, he could buy from a private vendor.

He just picked the wrong state to be from.

I imagine there are thousands like him in New York so it's good they have the laws they do.

Are you actually suggesting criminals in New York have trouble getting guns? I know you're stupid, but I refuse to believe you're THAT stupid.

 

[Otis Mayfield]

Unless he was convicted of a crime and has a record, or he has been adjudicated to be mentally unfit, he could purchase a firearm at any gun store or licensed FFL dealer at a gun show. But the adjudication of mental unfitness is sketchy because of HIPPA laws. So other than the criminal background check, the other questions on the BATF Form 4473 depend on the honesty of the purchaser.

That's what I thought.

Doesn't sound like it would too hard to fix though. Just if some doctor says you're nutts, you go on the "can't buy a gun" list.

Just have to change HIPPA

And maybe make the search easier to see if a buyer is on the banned list.

It's in the pro-gun crowd's interest to prevent mass shootings.

 

[M14 Shooter]

That's what I thought.
Doesn't sound like it would too hard to fix though. Just if some doctor says you're nutts, you go on the "can't buy a gun" list.

There's a reason current law requires the adjudication of mentally infirm -- the constitution requires due process
Due process = the state goes before a court and proves cause before taking away your rights.
Your idea, above, does not do that.

 

[JGalt]

That's what I thought.

Doesn't sound like it would too hard to fix though. Just if some doctor says you're nutts, you go on the "can't buy a gun" list.

Just have to change HIPPA

And maybe make the search easier to see if a buyer is on the banned list.

It's in the pro-gun crowd's interest to prevent mass shootings.

A doctor's opinion is too subjective, and determination and treatment for mental illness is sketchy at best. It's not like a criminal case where you're either guilty or not guilty What's to keep one doctor from declaring that you're "mentally-ill" just because you're eccentric or don't conform to what society considers to be "normal"?

Homosexuality, transgenderism, and cross-dressing aren't societal normalities either. Should we deny all of those people their Second Amendment rights as well?

 

[marvin martian]

A doctor's opinion is too subjective, and determination and treatment for mental illness is sketchy at best. It's not like a criminal case where you're either guilty or not guilty What's to keep one doctor from declaring that you're "mentally-ill" just because you're eccentric or don't conform to what society considers to be "normal"?

Homosexuality, transgenderism, and cross-dressing aren't societal normalities either. Should we deny all of those people their Second Amendment rights as well?

Indeed. Imagine if your doctor was like Anthony Fauci, the 21st century Mengele.

 

[2aguy]

But if he was from Oklahoma, he could buy from a private vendor.

He just picked the wrong state to be from.

I imagine there are thousands like him in New York so it's good they have the laws they do.

And if the democrats would stop just letting them out of jail, and prison, he wouldn't be a problem...

 

[Bootney Lee Farnsworth]

But if he was from Oklahoma, he could buy from a private vendor.

He just picked the wrong state to be from.

I imagine there are thousands like him in New York so it's good they have the laws they do.

Right, well Oklahoma would probably keep such a person permanently locked up, unlike New York, so no, he didn't pick the wrong state to be from, given his criminal nature.

 

[Otis Mayfield]

There's a reason current law requires the adjudication of mentally infirm -- the constitution requires due process
Due process = the state goes before a court and proves cause before taking away your rights.
Your idea, above, does not do that.

He's running around setting trees on fire and exposing his privates to news reporters. His own father says he's nutts.

That's not good enough?

 

[M14 Shooter]

He's running around setting trees on fire and exposing his privates to news reporters. His own father says he's nutts.
That's not good enough?

Not under the law.

 

[Bob Blaylock]

Fox Christmas tree arson suspect released without bail

The arsonist who allegedly torched the Fox News Christmas tree was freed after his arraignment Wednesday night because his charges were not eligible for bail under new liberal reform laws.

nypost.com

Tamanaha, a vagrant with a lengthy rap sheet who was known to police, also went on an incoherent rant outside the courthouse.

He denied the arson and hurled obscenities at reporters before asking them for a cigarette.

The suspect was hit with a slew of misdemeanor charges — including arson, criminal mischief, reckless endangerment and criminal trespass — for allegedly setting ablaze the 50-foot-tall artificial tree with a piece of cardboard that was on fire.

The suspect has a history of destructive stunts, is homeless and abuses drugs, his father told The Post earlier Wednesday.

“Oh, he’s a nut. I can’t control him,” said Richard Tamanaha of Hawaii. “Mentally, he’s not all there.”

Last week, Tamanaha also allegedly exposed himself to a group of reporters outside the Ghislaine Maxwell trial in Manhattan, a photographer told The Post.

Fox Christmas tree arson suspect released without bail

The arsonist who allegedly torched the Fox News Christmas tree was freed after his arraignment Wednesday night because his charges were not eligible for bail under new liberal reform laws.

nypost.com

He doesn't have felonies.

So could our boy Tamanaha get on a Greyhound bus, travel to Tulsa Oklahoma, go to the Wanenmacher's Tulsa Arms Show, meet a private citizen who is not a licensed gun vendor, buy an AR15 with 6, 30 round magazines and 600 rounds of 5.56?

All legally?

The problem is not that a free citizen was allowed to buy a gun.

The problem is that someone was a free citizen, who, by his history of violent and destructive behavior, needed to be kept locked up.

 

[Mushroom]

Would he be on some kind of crazy person list if he were to try to buy from a licensed gun dealer?

Nope.

For one, almost nobody is on those lists. A person has to be declared legally mentally incompetent in a court of law in order to be placed on one. And even more, they are almost never shared due to "patient confidentiality". We have now had a great many cases where individuals were determined to be a danger to themselves and others, yet their doctors told nobody about this. And even if they wanted to, there is really nobody to report them to.

And on top of it, the individual states have their own databases, and do not share them with other states.

Myself, this is the biggest flaw in the system. And so long as it remains like that, crazy people will continue to buy guns.

 

[fncceo]

Arson is a misdemeanor ?

He actually hasn't been convicted of arson, yet.

 

[Devils_Advocate]

Would he be on some kind



Would he be on some kind of crazy person list if he were to try to buy from a licensed gun dealer? That would flag him as a person not allowed to own guns?

He doesn't have felonies.

This answer’s all your questions:

Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person: convicted in any court of a crime punishable by imprisonment for a term exceeding one year; who is...

www.atf.gov

Firearm Prohibitions in Texas

Research Texas state laws on firearm prohibitions, including what is regulated and what's not. Find related gun law details from Giffords Law Center to Prevent Gun Violence today.

giffords.org

 

[Shawnee_b]

Would he be on some kind



Would he be on some kind of crazy person list if he were to try to buy from a licensed gun dealer? That would flag him as a person not allowed to own guns?

He doesn't have felonies.

If his crazy was officially reported to the FBI data base, as it should be, if he has been hospitalized, and noted mental illness. No he can't.
If it was not duly reported like it usually isn't, yes he can. Look at that one shooter couple years ago, with a dishonorable discharge, one can't buy a gun. Service never reported it. Then again he can lie on the 4473 questions like Hunter (drug user) and get one anyway.
From a private seller with morals like most? I doubt it. I have refused sales out of my gunshop if I felt the buyer was not on the up and up. Private seller in Chicago out of the back of a trunk in a probably stolen car, yeah he can buy anything he wants.

 

[2aguy]

This answer’s all your questions:

Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person: convicted in any court of a crime punishable by imprisonment for a term exceeding one year; who is...

www.atf.gov

Firearm Prohibitions in Texas

Research Texas state laws on firearm prohibitions, including what is regulated and what's not. Find related gun law details from Giffords Law Center to Prevent Gun Violence today.

giffords.org

That you used giffords as a link shows you really aren't to be trusted as a source....

 

[Devils_Advocate]

That you used giffords as a link shows you really aren't to be trusted as a source....

It is what the State of Texas uses believe it or not, so take it up with them and not me!