this post was submitted on 23 Sep 2024
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This is probably a bad idea, but I'll give it a whirl.

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[–] jordanlund@lemmy.world 2 points 1 month ago

"What would you propose for people who are just crazy? Mental health funding, but really that comes back around to it being nearly impossible to prevent all mental health issues with 8 billion people. It seems a lot easier just to get rid of the guns."

So for starters, we need to expand what goes into a background check. Right now, it only counts if you're indicted, convicted, or otherwise declared incompetent by a judge.

So the Parkland shooter?

https://en.m.wikipedia.org/wiki/Nikolas_Cruz

"Psychiatrists recommended an involuntary admission of Cruz to a residential treatment facility, starting in 2013.[23] The Florida Department of Children and Families investigated him in September 2016 for Snapchat posts in which he cut both his arms and said he planned to buy a gun. At this time, a school resource officer suggested[24] he undergo an involuntary psychiatric examination under the provisions of the Baker Act. Two guidance counselors agreed, but a mental institution did not.[25] State investigators reported he had depression, autism, and attention deficit hyperactivity disorder (ADHD), and had a history of attempting suicide. However Psychologist Frederick M. Kravitz later testified that Cruz was never diagnosed with autism.[26] In their assessment, they concluded he was "at low risk of harming himself or others".[27] He had previously received mental health treatment, but had not received treatment in the year leading up to the shooting.[8]"

None of that applied to his background check because none of it went before a judge. His background check was clean and he bought a gun.

Maybe, just maybe, there needs to be a "non-adjudicated" section to a background check? Then leave it up to the gun dealer if they want to sell or not.

"OK, sure, he has a clean record, but 2 guidance counselors and 1 school resource officer thought he needed an involuntary psychiatric hold... sure, you can sell him a gun if you want to..."

As of right now, felony crimes bar you from owning a gun, indicted, convicted or sentenced (no gun for Trump!)

But check out the guy who shot up Michigan State:

https://en.m.wikipedia.org/wiki/2023_Michigan_State_University_shooting

"McRae was arrested in June 2019 for carrying a weapon without a concealed pistol license.[44] Initially charged with a felony, he pleaded guilty to misdemeanor unlawful possession of a loaded firearm as part of a plea agreement in November 2019.[45] He was originally sentenced to twelve months' probation, which was later extended to 18 months, and in May 2021, he was discharged from probation.[41] Because McRae was not convicted of a felony, his ban on possessing weapons ended with the end of his probation.[46]"

He did his time, he did his probation, his background was clean, and he bought a gun...

So maybe, here's a wild idea... maybe we don't allow plea deals on gun charges? Alternately, since we already block felons from owning guns, maybe make it so ANY gun crime is a disqualifier?

This is why I say we need a case by case analysis. Where did we fall down? How did this happen? Patch enough of them and the problem resolves.