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originally posted by: Threadbarer
a reply to: Oldcarpy2
There's an argument to be made that a government document asking whether or not you're a habitual drug user, essentially asking you to admit to a crime, is a violation of your 5th Amendment rights.
and the fact that people with a mental illness can't get guns. I'm fine with that.
Federal law 18 U.S.C. § 922(g)(4) (2005) prohibits the possession of a firearm by anyone who has been adjudicated as a “mental defective” or committed to a psychiatric institution.
originally posted by: Sookiechacha
That is, in fact, not a fact. There are plenty of mentally ill people with legal firearms. There is no law against mentally ill people getting firearms, unless a court says so,:
The fifth amendment says - "nor shall be compelled in any criminal case to be a witness against himself, "
There is a question on the form to get a gun about mental illness and if you have been treated for it.
originally posted by: Threadbarer
a reply to: Sookiechacha
A Supreme Court ruling is the only ruling that has binding precedent for the entire country. A ruling by an appellate court only establishes precedent for that circuit.
So while Hunter's lawyers can certainly cite those other cases in their appeal, the law still stands in the Third Circuit until the appellate court or SCOTUS strikes it down.
originally posted by: Vermilion
a reply to: Sookiechacha
It’s almost like the gun laws that you gun grabbers push can actually work against you.
originally posted by: Freeborn
a reply to: Mahogani
And if there is evidence that Biden Sr has committed crimes then he too should be prosecuted.
originally posted by: stonerwilliam
This gun charge is all smoke and mirrors to deflect from what Hunter was really up to in Ukraine and signing cheques for the laboratory workers /scientists there , hard drive 3 I believe had all the data on that on Kim.come site when it was released .
30 or 100k might not seem much to a a American reader but over there 5k is a yearly wage for a professional person .
that is california code of all places and even it says hey if they let you out you can go buy a gun...... the only laws related to "oh hey they are mentally ill no gun for you" are the red flag laws which again have yet to be challenged but probably should. new york is the only state in the union(surprise) to list being mentally ill on its own as a reason to deny a "gun license" not gun ownership
(a) A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon, if on or after Jan. 1, 1992, he or she has been admitted to a facility and is receiving inpatient treatment and, in the opinion of the attending health professional who is primarily responsible for the patient's treatment of a mental disorder, is a danger to self or others, as specified by Section 5150, 5250, or 5300, even though the patient has consented to that treatment. A person is not subject to the prohibition in this subdivision after he or she is discharged from the facility. Welf. & Inst. Code § 8103 (a)(1) A person who after Oct. 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.