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RoyGBiv wrote:GOA Initial Comments. Dated Yesterday
http://gunowners.org/congress04112013.htm" onclick="window.open(this.href);return false;

Although Toomey, Schumer, and Manchin have understandably tried to conceal their legislative language until it was too late to respond, the following addresses what was represented to us to be the Toomey-Schumer-Manchin sell-out.

Downright Orwellian.

baldeagle wrote:IANAL. This is my layman's take on the bill. It provides for both an administrative and a legal process to review a determination of mental incompetency. An individual who has been labeled mentally incompetent by a government agency has recourse to both an administrative review and a judicial review of that determination. Veterans who have already been labeled as mentally incompetent by the VA and entered into NICS would have recourse to both reviews to attempt to overcome the determination.

All in all, this looks to me like a very good bill that does not impose any additional requirements on firearms transfers with the exception of the intrastate requirement for the state to certify that it has a way to vet such transfers.

I just skimmed through it but I don't read it quite so optimistically as you. For one thing, I don't see where an "individual" has recourse to a review of a determination of mental incompetency. It looks to me like that recourse is only granted to a Veteran who is so labeled by the VA. Also, I may be wrong because I don't have access to the referenced US Code, but it looks like, given the fact that mental health information may be conveyed without hindrance to the NICS, the Feds can make their own policy as regards to what constitutes mental incompetence and NYSAFE just about anyone they want. Administrative review is next to worthless, as those appointed to the review board will all be like minded people who will do nothing more than determine that the person is indeed mentally incompetent because such a determination was made in accordance with "policy." The only review worth more than a bucket of warm spit is a judicial review. Anyone who gets NYSAFE'D is still going to lose their guns and they're going to have to pay a lot of money for any chance to get them back.

Maybe that's not the case if the US Code has a process for the determination of incompetency that is more rigorous than a policy created by anti-gun Feds, but not knowing the US Code I can't say. What we really need to know is exactly what it will take to be labeled mentally incompetent to own or buy a gun.