From: nyreg@[EMAIL PROTECTED]
Tue, 10 Jun 2008 20:28:52 -0600
Grass Roots North Carolina(r), P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137
GRNC Alert 06-10-08:
SB 2081 Adds Thousands to NICS Denials
New Implications:
'Mental Incompetence' Bill
Attacks General Population
SB 2081 RESCHEDULED FOR THURSDAY
As you recall, proposed by Attorney General ROY COOPER (D, GRNC
0-star), SB 2081 claimed to require mentally ill individuals who have
been INVOLUNTARILY COMMITTED to mental institutions to be re****ted for
inclusion in the National Instant Check System (NICS) for gun purchase
background checks.
As usual with gun control, however, that is not all the bill does.
Instead, it would require courts to re****t to NICS people who - in
contravention of federal law - are specifically NOT a "danger to
themselves or others," and have NOT been committed to a mental
institution.
Worse, SB 2081 is being fast-tracked by Senate Democrats: Sponsored
by powerful Senate Rules Chairman TONY RAND (D-Bladen/***berland, GRNC
1-star), SB 2081 will be heard by the Senate Judiciary I Committee
THIS TUESDAY, June 10 at 10:00 AM.
NEW IMPLICATIONS
* Thousands may be impacted. People stopped for DUI, and remanded to
alcohol counseling as outpatients could find themselves re****ted to
the NICS and be prohibited from owning guns, even though nothing in
federal law would classify them as a "prohibited person."
* Gambling addictions, ***ual addictions, or other mandated
counseling: Given that such things may fall under the definition of
"mental illness" in North Carolina statutes, any of these things would
require clerks of court to re****t people to the NICS, saddling them
with a potentially permanent firearms disability.
* None of these people are dangerous. Indeed, none of them are
"prohibited persons" under federal law. Yet SB 2081 would misuse the
NICS system by requiring NC courts to **re****t** them as prohibited
persons.
WHAT SB 2081 DOES?
* IMPACTS PEOPLE NOT DANGEROUS: Unlike federal law, Rand's bill would
create new language to bar from possessing firearms people who are
remanded to OUTPATIENT care by the courts. Under N.C.G.S.
122C-263(d)(2), the only people who can be remanded to OUTPATIENT care
by courts are those are NOT DANGEROUS. Therefore, the Cooper/Rand
atrocity would strip the rights of people who aren't a threat to
anyone.
* EXTENDS FAR BEYOND FEDERAL LAW: While U.S.C. 922(g)(4) creates a
firearm disability for people "adjudicated as a mental defective
or who has been committed to a
mental institution," Cooper/Rand TARGETS PEOPLE WHO DO *NOT* HAVE A
FIREARM DISABILITY UNDER FEDERAL LAW.
* MAKES RESTORATION OF RIGHTS NEARLY IMPOSSIBLE: While the bill
pur****ts to allow people to petition for restoration of their rights,
it is a paper tiger. By requiring an affidavit from a psychiatrist or
psychologist that the patient is no longer undergoing treatment and is
no longer a danger, and by further requiring the applicant to prove,
at an unachievable standard, that he is no longer a danger, the bill
sets an unattainable bar for restoration of gun rights.
* ERRODES MEDICAL PRIVACY: If you have the audacity to pursue
restoration of your gun rights, ALL OF YOUR MENTAL HEALTH RECORDS
WOULD BECOME PUBLIC RECORD.
IMMEDIATE ACTION REQUIRED
* IMMEDIATELY E-MAIL ALL members of the Senate Judiciary I Committee
using GRNC's automated e-mail system located at:
http://www.grnc.info/alert/email_6_8_08.htm
* IMMEDIATELY CALL Senators listed below IN ADDITION to sending the
e-mail above.
* CALL YOUR STATE SENATOR, IF HE/SHE IS ON COMMITTEE: You may find
the name of your NC State Senator by going to:
http://www.grnc.org/contact_reps.htm
DELIVER THIS MESSAGE:
Dear Senator:
Senate Bill 2081: "Firearms/Mental Incompetence" is a dangerously
over-reaching bill which exceeds federal law and stands to people
guilty of nothing. Sponsored by Senator Tony Rand, the bill pur****ts
to require clerks of court to re****t involuntary commitments to mental
institutions for inclusion in gun purchase background checks done via
the National Instant Check System.
In reality, however, the bill vastly exceeds federal law by also
including people undergoing OUTPATIENT care. Doing so creates two
problems: First, under U.S.C. 922(g)(4) federal law creates a firearm
"disability" only for people who are INVOLUNTARILY COMMITTED to mental
institutions. People undergoing outpatient care have no federal
disability.
Second, although federal code deprives of gun owner****p only those
who have been "adjudicated to be a danger to themselves or others,"
N.C.G.S. 122C-263(d)(2) specifies that a court may mandate OUTPATIENT
treatment only for those who are specifically *not* dangerous.
Therefore, SB 2081 strips the rights of people who are neither
dangerous not prohibited under federal law.
Although SB 2081 pur****ts to provide a mechanism for petitioning for
the restoration of the individual's constitution rights, in truth the
evidentiary standard set by its language - a requirement for "clear
and convincing evidence" - is all but unattainable by the petitioner.
I expect you to oppose this bill, Senator, by all means procedural
and substantive. At your earliest convenience, please advise me of
your position.
Respectfully,
CALL THESE SENATORS:
Majority Leader
Senator Tony Rand (D-Bladen/***berland, GRNC 1-star)
(919) 733-9892
Tonyr@[EMAIL PROTECTED]
Whip
Senator Katie G. Dorsett
(919) 715-3042
Katied@[EMAIL PROTECTED]
Minority Leader
(919) 733-5745
Toma@[EMAIL PROTECTED]
I Chairman
Senator Martin L. Nesbitt, Jr. (D-Buncombe, **)
(919) 715-3001
martinn@[EMAIL PROTECTED]
Harry Brown (R-Jones, Onslow, ****)
(919) 715-3034
Harryb@[EMAIL PROTECTED]
Peter S. Brunstetter (R-Forsyth, GRNC-?)
(919) 733-7850
Peterb@[EMAIL PROTECTED]
Malcolm Graham (D-Mecklenburg, ****)
(919) 733-5650
Malcolmg@[EMAIL PROTECTED]
David W. Hoyle (D-Gaston, ***)
(919) 733-5734
Davidh@[EMAIL PROTECTED]
Clark Jenkins (D-Edgecombe, Martin, Pitt, ****)
(919) 715-3040
Clarkj@[EMAIL PROTECTED]
Richard Stevens (R-Wake, ****)
(919) 733-5653
Richards@[EMAIL PROTECTED]
Jerry W. Tillman (R-Montgomery, Randolph, ****)
(919) 733-5870
Jerryt@[EMAIL PROTECTED]
may find your NC representative by going here:
http://www.grnc.org/contact_reps.htm
You may write your federal congressman by going here:
http://www.house.gov/writerep/
-------------------
GRNC 'PRO' RKBA SPONSORS:
Hyatt Coin & Gun Shop, 3332 Wilkinson Blvd., Charlotte, NC 28208,
704-663-5656, http://www.hyattguns.com/
Duncan Gun & Pawn, 414 Second St., North Wilkesboro, NC 28659,
336-667-6303, http://www.duncangun.com/
Shooter's Express, 2 Caldwell Dr., Belmont, NC 28012, 800-358-GUNS,
http://www.shooter***press.com/
The Aisle Pawn Shop, 216 N. Main St., Mooresville, NC 28115,
704-663-5656, 704-663-4561 (fax)
Gunner's Alley, LLC, 200 Parkthrough St., Cary, NC 27511,
http://www.gunnersalley.com/,
919-388-1991, contact: Ed Gurearo,
rq@[EMAIL PROTECTED]
Triad Productions-Fantalla~EZine~ParaNovel
National Association of Assault Research
(http://*remove*boblacasse.150m.com/htmlconc.html)
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