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Sunday, April 22, 2007

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PA, Captain Joe,

I lost track of the point, but if you are talking about the privacy vs. public information of a patient receiving mental health care, it is private under state law. The only way anyone could have had access to it would have been if Cho had not voluntarily agreed to be seen. It would have taken a court order to get him seen by mental health professionals, and that would have put his name in the system. Cho was no doubt smart enough to know this. No one ever said psychopaths are not cunning and extremely smart.

The law behind the privacy of individuals seeking mental health makes sense as so many people are biased against those who seek such help. If a kid falls into a depression and gets help and it goes on his record, it could screw him up later. Potential employers cannot even ask health-related questions unless they pertain specifically to the job, but if a potential employer were of the mind to wonder and had access to an applicant's health records......... well, you can see the trouble there. Worse, if that information were available, just think how many people would not go for help if they thought anyone could access that information. That would be a catastrophe.

There is only one person to blame here and that is Cho. Blaming this on the cops is nuts. And evacuate 36,000 people? To where? And what if Cho had evacuated with them? That would have given him a larger crowd to shoot before he went down. Eventually, large public institutions will install silent alarm systems that lockdown campuses automatically. And all doors will have inside locks that will activate. It will happen. But you can't blame authorities for this.

I can't guess if Cho did the bomb threats. He was his own bomb threat as he killed the two people to set police off his trail. He clearly planned the whole thing, and who could ever imagine the follow-up bloodbath? Cho made it look like a one-killing incident. To extrapolate into what followed two hours later as blame on dufus cops who are incapable of thinking outside of the box is like expecting cops who are called to a domestic scene and shutting down a town. It doesn't follow. Cho outsmarted everyone - including the fools in the media.

Phoenix
PA and others are maintaining that the action of the University in taking Cho to a Magistrate to get Cho declared a mental defective and a danger to himself and others, which in fact happened, there is a record that this happened, should have been a cause to enter his name on a state list to deny Cho from ever being eligible to buy a firearm. For some reason his name was not entered on that list. If this had happened, even if Cho had lied on the form, he would have been denied the ability to receive the gun when the record check was made. Notwithstanding the privacy act, the magistrate's adjudication should have been sufficient to cause the records check to fail Cho's approval.

Captain J,

I agree. I don't understand yet what did happen. I heard that the judge bounced the order back to the psychiatrist - where it stayed. It will come out eventually.

Besides, it doesn't matter. Buying the guns wasn't the problem or the crime here. It was using them. He would have stolen them if he'd been unable to buy them. It was his mission to kill, and he was patient. We can blame heaven to hell for this, but people would have died no matter what.

"Apparently, there is somehow some ambiguity somewhere in the statute."

I believe it was justice Cardozo in rendering an opinion said "words mean what they say".

I believe NICS results to a FFL come back in binary form -- pass/fail and the only ones with access to the database are LE and the FFL's, so I don't see how this data can "prejudice" anything.

Bottom line is existing Federal law says adjudicated crazies need to be excluded. The number of people who are going to object to that is minuscule and probably limited to very extreme Libertarian types. 99.9% of the voting public is not going to have any problems with preventing nuts from buying guns, and there's no possible left/right composition of SCOTUS I can realistically envision that will ever strike this provision down.

The states need to get their shit together and start toeing the line on this reporting stuff. They were allocated money in the Brady Bill to implement reporting and record keeping improvements at the state level so NICS could function as intended. If congress never disbursed that money, then its damn well time they did. If the states squandered it on other extraneous shit, then someone needs their feet held to the fire.

Phoenix, you're missing the whole point behind the reporting/4473 thing. Of course they'll lie on the form. If the NICS database is good, then the FFL can stall the customer and call ATF or the local cops when a check come back as a hit.

Just lying on the 4473 alone is a federal felony good for a year at Club Fed. It gives you a chance to remove a loon/felon from the streets you wouldn't otherwise have.

Although prosecutions for lying on 4473's have been pretty thin...even though there could have been 10's of thousands of legitimate prosecutions so far. It seems not to be something ATF is overly interested in.

PA,

For sure I don't know all the particulars you mention in your above comments. I guess my point is - it doesn't matter one way or the other. All the laws in the world won't stop someone from getting a gun if they want it bad enough. And someone as smart as Cho would never have lied.

I sure don't have any answers.

Dang. My dog just ate a giant calcium chewable pill. Cherry flavored. He probably won't poop for a week now. I managed to reach down his throat and grab half of it...... I wonder what 250mg. of calcium will do to a six-pound dog? :(

I think it was aliens.

You're all a bunch of wingnuts.

Geez Sparten, I guess what I'm objecting to is the dearth of literature of redeeming social value on Cho's reading list. Whatever happened to the great books that used to be on the reading lists of college students that produced an adult populace worthy of the fruits of liberty. The last vestiges of Marxism and Nihilism live apparently within our educational system.

Posted by: Captain Joe |


That literature still exists in many courses but the offering have expanded over the years. The world of literature exists beyond the bounds set by Harold Bloom.

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