Search found 7 matches

by RottenApple
Wed Jan 16, 2013 10:38 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

rotor wrote:Jaguar, I agree with you about asking law abiding citizens to do something that criminals don't do but using the same logic, you followed the law to conceal carry and the crooks do it without following the law. If I were selling a gun to someone I would have no hesitation to sell it to a CHL permit holder but I would not want to sell it to the guy with needle marks running up and down his arm. It is a minimal imposition to make sure the gun is going to someone that is also a law abidding citizen. Look how much hastle we go through to conceal carry. Your gun right now could technically be bought by any nut that wants to come to your house and buy it and you have no way of knowing if he/she is legal enough to own a gun. I know that it is not our job to be the police but I just don't want to sell my gun to a felon or other criminal or crazy. There is no way for me to quickly check that person out though. I would like to be able to check them out before giving them my address as I am not a very trusting person.
Actually, you do have a way (kinda) and you just pointed it out. Only sell to someone who has a CHL.
by RottenApple
Wed Jan 16, 2013 9:41 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

rotor wrote:<SNIP>
Hey, I hear you. They are stuck between a rock and a hard place. On one hand they are required to report the danger to authorities, but on they other they can get in trouble for violating the patient's privacy. It sucks and I wish it weren't so. But, sadly, it is and either has to be changed or dealt with. Right now, I'm willing to bet that most medical practitioner "turn the other cheek" in order to avoid having to deal with the potential liability. What we need to do is modify HIPPA to provide immunity to those medical professionals who report in good faith (if it is determined that they made report is made fraudulently, well, then they should be held civilly and criminally liable). Then, once law enforcement has been notified, they can investigate and, if cause is found, then seek a competency hearing (or similar legal venue) to determine if the patient should be striped of certain constitutional rights.
by RottenApple
Wed Jan 16, 2013 9:13 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

rotor wrote:Now, the medical issue. The Feds have passed a law called HiPAA which makes it a felony for a medical person to give out any info about you except for certain limited issues. Texas passed an even more stringent law which went into effect in Sep 2012 which is worse than the Fed law. So, a medical professional seeing a crazy person just doesn't know what the heck to do without getting into trouble. There was a time when the nuts could be put away.. now they are coddled and allowed to be out in society. The crazy in Colorado that went into the movie and shot everyone had been seeing a therapist and the therapist had reported him to the campus police. He had threatened to kill people. What was done?? Don't look at the doctor as being for gun control. Most that I know are NRA members and are at the range all the time. But the laws have gotten so strict that they are afraid to open their mouths and say anything when they see someone that very well may be a threat to society. They make a report and they get prosecuted by the Feds and now even worse by Texas with their more stringent law. A true nightmare for the medical profession. Very good article today in The Wall Street Journal about how the Governor of Colorado is trying to address the mental health issue and make laws that will get the nuts off the street. That's where the action needs to be, not the honest gun owner.
One of those "issues" is if the doctor/nurse/nurse practitioner believes the patient may be a danger to themselves or others. Not only are they authorized to notify the authorities, they are REQUIRED to under HIPPA. Texas state law permits them to, but does not require them to. So any doctor/nurse/nurse practitioner who doesn't do so, either doesn't believe the patient is a danger and/or doesn't want to deal with all the paperwork or liability (they don't have immunity for notifying authorities in good faith.
by RottenApple
Wed Jan 16, 2013 5:35 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

mentalarson wrote:<snipped>
Might want to correct that Rule 1 violation. :rules:
by RottenApple
Wed Jan 16, 2013 1:07 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

TexasCajun wrote:Great! Now I'm thinking like a big governmenter....
No. You are thinking like a Constitutionalist. I don't have a problem with some necessary (<-- KEY WORD) bureaucracy.
by RottenApple
Wed Jan 16, 2013 12:58 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

Ark03 wrote:
The medical stuff, I have no experience with. Perhaps someone else can enlighten us.
Currently, if someone is treated for mental illness, this rarely makes it to the NICS database, partly because of HIPAA restrictions (Health Insurance Portability and Accountability Act which protects medical data from unnecessary sharing). I think he'd like some of those medical restrictions torn down where it is easier to stop people with a history of mental illness from getting past a NICS-like process (case in point: the recent Colorado shooter had seen several mental health professionals recently, but got through NICS just fine).
See, I have a problem with this. A doctor can have an opinion regarding a persons mental status but in no way, shape, or form should their word be the determining factor of whether a person can or cannot legally buy a firearm. Our 5th Amendment protects us (or is supposed to) against losing our liberties (among other things) with due process. There needs to be a way (and perhaps there already is and I don't know about it) for a doctor to register his concerns, authorities to investigate, and, if necessary, a competency hearing to take place. If the jury at the competency hearing then determines that the person is too unstable to possess or purchase firearms, then so be it. Due process has been served.

Yes, I know that it will be an expense on the taxpayer. But this is one expense that SHOULD be born by We The People. It should not be easy to strip someone of their fundamental rights.
by RottenApple
Wed Jan 16, 2013 12:41 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: List of executive actions Obama plans to take
Replies: 91
Views: 9854

Re: List of executive actions Obama plans to take

FYI re #16 "Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes" from the Affordable Care Act itself:
"(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—[As added by section 10101(e)(2)]
‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to—
‘‘(A) the presence or storage of a lawfully-possessed firearm or ammunition in the residence or on the property of an individual; or
‘‘(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.
So while it doesn't prohibit doctors from asking, 1) they cannot be required to and 2) (the way I read it) patients cannot be required to answer and/or answer truthfully.

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