2aguy
Diamond Member
- Jul 19, 2014
- 112,243
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Hey....dumb shit......the truth...
But some experts side with Missouri Gov. Mike Parson, whose spokesperson said the state Legislature granted courts some control over gun possession “when an individual suffers from a mental health condition.”
Federal law declares that if a person has been “involuntarily committed” to a mental institution, they may not buy or possess a gun. Harris’ family has said that he was “committed” before the shooting. When he tried to buy a gun from a licensed dealer in St. Charles on Oct. 8, he failed the federal background check and was stopped from buying the weapon.
St. Louis police confirmed they were notified by the FBI that Harris had failed the background check, as a new federal law requires. The NICS Denial Identification Act went into effect Oct.
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Once someone is committed to a mental institution, they have a hearing before a judge, said Peter Joy, director of the Criminal Justice Clinic at Washington University. The judge then determines if the person is mentally incompetent, incapacitated or disabled.
If Harris’ mother previously had him committed, as she said, that would have been enough for police to take the gun when they went to the home on Oct. 15.
“If a person has been adjudicated in front of a judge and committed to a mental health facility, they cannot purchase guns and they cannot possess them,” said Kevin Jamison, a Kansas City-area attorney who specializes in firearm law. “This kid did seem to have some mental health problems, and his family could certainly have committed him to a mental health facility by bringing action in probate court.”
Also, Jamison said, there’s nothing in the Second Amendment Preservation Act that would have prevented local police from removing a gun from the shooter. It deals exclusively with prohibiting the federal government from enforcing gun laws in Missouri, and the law also faces ongoing legal challenges questioning its legitimacy.
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Authorities were already aware that the teen had failed a background check and wasn’t eligible under federal law to possess any firearms. Based on the comments by legal experts, it appears officers should have also been aware that the teen’s commitment to a mental health facility made him ineligible under state law to possess the firearm as well.
Yes........he is lying.........covering his ass....
