October 20, 2018

Gun Control Laws Aimed At Public Safety: The Devil is in the Definitions

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Yesterday I posted a notice about the intent of Maine lawmakers to introduce a bill disguised as a “Community Protection Order” that will “Prevent High-Risk Individuals” from possessing firearms.

Some may say the intent of the proposed legislation is a good idea and perhaps that is true to some extent. A serious argument can be made as to whether such a law is an infringement on the Second Amendment as well as Due Process.

But forget about that for a moment.

Much of the problem with any of these laws is that interpretations of definitions are left up to a court and the arguments of lawyers. That, in and of itself, should alert us immediately to serious problems.

The crux of this proposed legislation is centered around “mental illness” and/or a person’s propensity toward violent and emotional behavior. Recognizing the seriousness of these conditions is a matter of a person’s perspective. Do we really want to limit Due Process based on the perspective of a judge?

LD 1884, is the Maine proposed bill which is the matter of topic. I’ll go ahead and post what this legislation uses for “definitions” to help understand the intent of the law and offer comments after.

§ 401.  Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.  Community protection order.   “Community protection order” means a written order signed by the court that prohibits and enjoins temporarily, if issued pursuant to subchapter 2, or on an extended basis, if issued pursuant to subchapter 3, a named individual from having a firearm in that individual’s custody or control or owning, purchasing, possessing or receiving or attempting to purchase or receive a firearm.
2.  Family or household member.   “Family or household member” has the same meaning as in Title 19-A, section 4002, subsection 4.
3.  High-risk individual.   “High-risk individual” means an individual who presents an imminent and substantial risk of serious bodily injury or death to the individual or to another individual and:

A.  Has a mental illness that may be controlled by medication but has not demonstrated a pattern of voluntarily and consistently taking the individual’s medication while not under supervision; or
B.  Is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or emotionally unstable conduct.

The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual presents an imminent and substantial risk of serious bodily injury or death to the individual or to another individual for the purposes of this chapter. As used in this subsection, “mental illness” has the same meaning as in section 3318-A, subsection 1, paragraph B.

4.  Restrained individual.   “Restrained individual” means an individual who is the subject of a community protection order.
Community Protection Order – Of note here is that this order can be issued in one of two ways – either as a temporary order by a court that has determined that an individual fits the bill’s criteria of being barred from having anything to do with a gun, or the same conditions on an extended basis once again according to the interpretation of the court of Subchapters 2 and 3.
The title of this order is designed to mislead the public into thinking this is the will of the “community” a communistic term and that it is for the purpose of keeping that “community” safe from those with a “mental illness.” After all, all those with a “mental illness” are mass murderers…right?
High-Risk Individual – This is where things get really dicey. A “High-Risk Individual” is here defined as someone who a judge thinks (his perspective of course because there are no real definitions for this condition) is going to hurt himself or another person. In addition to this perceived condition, this person has a “mental illness” – again an interpretation based on biased training or thinking/ideology. Once a court decides for themselves a person has a mental illness they must then decide whether they think this person has been taking their medications as prescribed by some quack doctor.
The suggestion here is that if a judge, having decided you have a “mental” condition, deems that you haven’t demonstrated “a pattern of voluntarily and consistently” taking your pills you lose your right to self-protection and due process.
Part B of this section is a real doozy! If it is shown “through evidence” (wink-wink) that actions by any person with a court’s definition of mental illness can show a “reasonable belief” that such a person has a disposition toward “violent or emotionally unstable conduct,” then they will be issued a Community Protection Order – perhaps ostracized for life.
The real joke is when the authors of the bill attempt to mislead the voters by saying just because a person has a mental illness, and has been “released from” a nut house, so long as they are being good brain-dead zombies and taking their chemicals, doesn’t necessarily mean they are a threat to the valued “community.” RIGHT!
History has shown us that it is most often a needless task to keep “mentally ill” people institutionalized and pumped up or down with chemicals and is a drain to that valued community, so they are gathered up and murdered. After all, these valued communities cannot be bogged down and given bad images from anyone with a “mental illness.” They MIGHT pose a threat, real or imagined, to their way of life. Society decides who lives and who dies.
Restrained Individual – Once you have met all the criteria that the “Community” has determined using their own standards of measurements, including societal tolerances, political ideology, and in general operation under the fear instilled in them by actions of a fascist governmental regime, the lucky winner becomes labeled as a “Restrained Individual.” How fortunate.
Whether you agree with the intent of the proposed bill or not shouldn’t matter once you consider how such fascist laws, put into play by willing and eager totalitarians, are a serious threat to any society that still deems itself to be free.
Giving power to the Courts and to governments to make decisions based on highly abstract and illusory definitions is quite akin to National Socialism. If you don’t fully comprehend National Socialism then you haven’t been paying very close attention.
There are channels that already exist in which efforts to control a deranged person from committing mass murder. If the information given to the public about the shooting in Parkland, Florida is at all truthful, then the lesson to walk away with is that those with authority to have intervened failed in their jobs. Insanity tells us to make more fascist laws that will not and cannot be enforced will somehow make a difference.
But this problem is not endemic to Maine. Since the Parkland, Florida shooting many state governments and the Federal government have proposed laws that are similar that leave the interpretation of what determines a mental illness, propensity to violence, or emotional unstableness up to the courts and the governments. Even fake Second Amendment advocates have stood firmly behind such insane legislation.
With each passing day, it amazes me more and more the eagerness of totalitarian useful idiots to help tie the noose that will one day be their demise. In the days of Marx and Stalin, when these two were finished using those that helped bring them to power, they just murdered them to get them out of their way.
So what’s happening to you today?
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