Graham Introduces Background Check Legislation

[dogmush]

Full text

Not all that comfortable with:

means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body--

But at least it accounts for the ruling being set aside.  As soon as you're not crazy this no longer applies. But I wonder how long it takes to get removed from the list.

[Balog]

I see some Congressional "commissions and other adjudicative bodies" being trumped up that finds looooooottts of folks incompetent cough cough VA cough cough.

[SteveS]

I see some Congressional "commissions and other adjudicative bodies" being trumped up that finds looooooottts of folks incompetent cough cough VA cough cough.

The VA has procedures and safeguards in place that are just as strenuous as any court. Not that this can't be abused, but I don't think I is necessarily bad.

[Balog]

The VA has procedures and safeguards in place that are just as strenuous as any court. Not that this can't be abused, but I don't think I is necessarily bad.

Those are administrative not legal. Any bureaucrat can change them just cause.

[SteveS]

Those are administrative not legal. Any bureaucrat can change them just cause.

VA administrative proceedings allow for zealous representation.  In addition, you can appeal if you disagree.  Eventually, to a court, if necessary.

[longeyes]

A free society cannot be governed by "health" and "psychiatry."

These are replacements for the virtue that underpins real liberty.

[Balog]

VA administrative proceedings allow for zealous representation.  In addition, you can appeal if you disagree.  Eventually, to a court, if necessary.

For now they do. But changing that is (what's that word I'm looking for?) oh yes, and administrative decision. Holding the unelected bureaucrats to standards dreamed up and changeable by other unelected bureaucrats isn't a safeguard.

[DustinD]

Hasn't the federal process for restoring gun rights been "defunded" for many many years and thus currently impossible?

[SteveS]

For now they do. But changing that is (what's that word I'm looking for?) oh yes, and administrative decision. Holding the unelected bureaucrats to standards dreamed up and changeable by other unelected bureaucrats isn't a safeguard.

Administrative law changes, but IME, it is not as malleable as some think.  I practice in this area (though I am more familiar with SSD procedures) and much of the rules are statutory.  There is also a great deal of case law. 

[SteveS]

Hasn't the federal process for restoring gun rights been "defunded" for many many years and thus currently impossible?

Yes, but the NICS Improvement Act did set forth procedures to get removed from the system in regards to mental disqualifications at the federal level.  Basically, you can petition the body that said you were disqualified to say that you are no longer insane.  They have to remove you if you are able to manage your own affairs or have completed treatment.  If they deny you or fail to act, you can file a claim in federal court.

This only applies at the federal level.  States are supposed to set up their own programs.  Most have not.

[Scout26]

And the NRA stands firm against it.  Despite what NBC is reporting....

http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.nraila.org%2Fnews-issues%2Fnews-from-nra-ila%2Fstatement-from-chris-w-cox-nra-ila-executive-director-regarding-inaccurate-nbc-story-alleging-that-nra-wont-oppose-background-check-bill.aspx&h=nAQECvJW_AQEc1enVpSh6I0q6e6_TGHJl4ay7DxkNeuGC0w&s=1

[roo_ster]

Good NRA.  I will throw them a cookie.

[Scout26]

Harry Reid is not going to let any of them hit the Senate floor.  And should G_d Forbid, any of them pass, they are DOA in the House.

[SteveS]

Harry Reid is not going to let any of them hit the Senate floor.  And should G_d Forbid, any of them pass, they are DOA in the House.

I sure hope so, but I have little faith in very many legislators at the national level.

[Waitone]

And should G_d Forbid, any of them pass, they are DOA in the House.

I have zero confidence in the northeastern republican power structure to consistently stand for anything.  They have no belief system other than playing Charlie Brown to the democrat's Lucy.