- Joined
- May 22, 2012
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- Uhland, Texas
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- Libertarian
I get where you are coming from here, but I argue that the lines around 'gang bangers,' 'kids' and 'crazy folks' are pretty blurry':
- In a state where access to firearms is restricted around mental state/ capacity, who gets to decide what the threshold is?
- When it comes to age, how does one determine the time at which someone can rightfully own a gun? I was in the military, but some hotels wouldn't let me rent a room. . . or buy a drink.
- 'Gang Bangers' is a term that's used very liberally. I'm not much a fan of the whole guilty by association theory. Who get's to decide what 'gang banger' means?
Age is a fairly easy thing to determine, is it not?
The rest must be established only by due process of law to be added to the NICS database as gun prohibiting factors: examples include a violent felony conviction in a court of law, one adjudged to be mentally incompetent or one placed under a judicial protection (restraining) order. The gang affiliation is perhaps the most tricky, as you pointed out, but is on the books in many states and can elevate a misdemeanor to a felony (makes crime XYZ into aggrevated XYZ).