At Liberty For All. Pennsylvania case reveals how McCarthy bill could threaten all gun owners:
The Pennsylvania case shows how all gun owners could be threatened by HR 2640. After all, did you ever tell anyone that the Second Amendment was included in the Bill of Rights because the Founders (such as James Madison) wanted the people to be able to overturn a tyrannical American government?
Or, while you were watching the nightly news — and getting a detailed account of all the crime in your area — did you ever make a statement such as, “If someone were to break through my door, I’d blow him away!”
Well, those kinds of statements will certainly make anti-gun nuts think you’re a potential danger to yourself or others. So if you make the local district attorney or police officer nervous, how difficult would it be for him to get a psychiatrist (most of whom are very left-wing) to say that you are a danger to yourself and to others?
Or, would the district attorney even need to get a psychiatrist? [in Pennsylvania, obviously not–ed.] One of the outrageous aspects of the McCarthy bill is that Section 3(2) codifies existing federal regulations. And existing federal code says it only takes a “lawful authority” to “adjudicate” someone as a mental defective. And another section of the bill makes it clear this “adjudication” does not need to be made by a formal court, but can simply be a “determination” — such as a medical diagnosis.
Consider how significant this is. The BATFE has been quietly attempting to amend the federal code by regulatory fiat for years, but they’ve been somewhat restrained in their ability to interpret these regulations because they are, after all, regulations (and not statutory law).
But with HR 2640, much of the pablum that BATFE bureaucrats have quietly added to the code over the years will now become the LAW OF THE LAND — even though those regs were never submitted to a legislative committee or scrutinized in legislative hearings or debated on the floor of the House of Representatives.
When one looks at the federal regs cited above, there are a lot of questions that still remain unanswered. What kinds of people can fall into this category of “other lawful authority” that can deem someone to be a mental defective? Certainly, it would seem to apply to Veterans Administration shrinks. After all, the federal government already added more than 80,000 veterans with Post Traumatic Stress into the NICS system in 2000.
But who else could be classified as a “lawful authority”? A school counselor? A district attorney? What about a legislator, a city councilman or a cop? They are certainly “authorities” in their own right. Could the words “lawful authority” also apply to them?
In Pennsylvania, it took only one rash statement and one district attorney to legally prohibit this man from owning firearms. He was neither charged nor convicted for any crime. Just one DA who wants to make sure that the common people remain defenseless in the darkness.
And at the NRA, there is much sound and fury, signifying nothing.