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loyalsister

(13,390 posts)
Wed Aug 6, 2014, 02:24 PM Aug 2014

“unalienable” right to bear arms

Except for convicted felons and people adjudged to be mentally ill.
That leaves room for some really ugly scenarios in bars, at sporting events, heavy traffic. All of the places and situations that push hot buttons will now potentially have guns in the mix. What could go wrong?

http://ballotpedia.org/Missouri_Right_to_Bear_Arms,_Amendment_5_(August_2014)


14 replies = new reply since forum marked as read
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Orsino

(37,428 posts)
1. As unalienable as a man's right to have a penis.
Wed Aug 6, 2014, 02:31 PM
Aug 2014

Exactly as much, coincidentally.

The gun-humpers love to tell us that only the Second Amendment is inviolable.

loyalsister

(13,390 posts)
4. Even that is limited in MO
Wed Aug 6, 2014, 02:45 PM
Aug 2014

Convicted felons excludes most domestic abuse perpetrators, and the majority of people who have mental illnesses have not been formally classified as such. Especially when it comes to substance abuse. A gun is just what every alcoholic needs.

In MO you can now open carry EVERYWHERE with no need for a permit.

 

Lurks Often

(5,455 posts)
6. Federal law covers domestic violence convictions
Wed Aug 6, 2014, 03:15 PM
Aug 2014

Last edited Wed Aug 6, 2014, 05:34 PM - Edit history (1)

and the states are required to submit that info to the FBI to it can be included in the NICS database of people prohibited from owning a firearm.

See questions 11h & 11i at the link:

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

States can enact laws that are even more stringent if they choose, but Federal law still applies to MO.

Some states are reluctant to forward names of people who would be prevented from obtaining a firearm due to mental health disqualifiers due to an ongoing argument of privacy and HIPPA rights.

In an odd quirk the Veteran's Administration has said it will not comply with parts of NY State's SAFE Act: http://blog.timesunion.com/guns/va-says-no-to-safe-act/646/

loyalsister

(13,390 posts)
7. How often are domestic abusers prosecuted under federal law?
Wed Aug 6, 2014, 03:26 PM
Aug 2014

Until the inevitable federal\state conflict arises, the new amendment will rule.

The really messed up thing about this is that in 2000, conceal carry was voted down in a popular vote. As soon as the GA went republican they legalized it.

This is not traditionally a wild west gun hugging state. But, now we have unfettered gun access and a right (for corporations) to farm without restrictions.
 

Lurks Often

(5,455 posts)
8. A state conviction of domestic violence will prevent a purchase of a firearm under NICS
Wed Aug 6, 2014, 05:48 PM
Aug 2014

Anyone convicted of a domestic violence charge as defined by Federal law is banned from buying a gun, regardless of what state it happened in. A Federal conviction is not necessary.

Here is a link to the actual bill: http://www.sos.mo.gov/elections/2014ballot/SJR36.pdf

Essentially it is a state amendment that, in theory, prevents banning guns on the basis of magazine size, appearance, functioning, etc and that elected officials are required to actively fight, in court, any attempt by the Federal government to enforce such a hypothetical ban.

This is not carte blanche for every convicted felon, domestic abuser and those ruled mentally insane by a judge to go out and buy a gun. Those people are still prohibited from buying firearms and will remain so unless a judge or jury reverses the prior conviction or judgment.

loyalsister

(13,390 posts)
10. Tell that to the freaks who are sitting in bars celebrating
Wed Aug 6, 2014, 06:37 PM
Aug 2014

MO has on of the highest rates of alcoholism in the US. Those who haven't been committed (most) are welcome to open carry - even in bars.

 

Lurks Often

(5,455 posts)
11. Which is is entirely separate from the comments you made about domestic violence
Wed Aug 6, 2014, 06:46 PM
Aug 2014

Carrying a gun while intoxicated is a felony under MO law:

http://www.moga.mo.gov

Chapter 571, Weapons Offenses, Section 571.030, paragraph 5

tblue37

(65,457 posts)
5. In Kansas a few years ago the RW legislature removed the concealed carry limitation
Wed Aug 6, 2014, 02:59 PM
Aug 2014

that prevented *blind* people from qualifying for a concealed carry permit.

HereSince1628

(36,063 posts)
12. It's not generic mental illness...
Wed Aug 6, 2014, 07:59 PM
Aug 2014

The most commonly determination by states isn't linked to diagnosis of specific mental illness but rather adjudicated dangerous to self or others due to unspecified mental disorder.

Some states, such as Texas name specific mental illnesses, some of which are listed more because of misunderstanding than known risk.

A while back the smartgunlaws site had a table for comparisons, but the site can be searched for laws on by state if you are interested

http://smartgunlaws.org/

Really, of the many mental illnesses in the DSM or ICD, and those proposed but not included in those codices, only a small number of named illnesses are associated with significant risks of violence of any type.

Belief that all mentally ill persons are dangerous to self or others is the cause of significant unwarranted discrimination against the mentally ill.

loyalsister

(13,390 posts)
14. Agreed
Wed Aug 6, 2014, 10:13 PM
Aug 2014

I dislike the stereotyping and scapegoating too. The real danger is that there are no limits for people who have a history of violence and have not been convicted of felonies.

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