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new Alabama law on gun buys
Josey1
Member Posts: 9,598 ✭✭
Officer deaths bring new Alabama law on gun buys
The Associated Press
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The shooting deaths of two Athens police officers led to a new Alabama law that requires reporting involuntary commitments of the mentally ill to a national database that screens gun buyers.
State Sen. Tom Butler, D-Madison, said Gov. Bob Riley signed the Mims-Russell Law Enforcement Protection Act, which becomes effective immediately.
"I'm saddened that we needed it, but hopefully it will save lives in the future," Butler told The Decatur Daily last week.
The law requires the reporting to the National Instant Criminal Background Check System.
Farron Barksdale, who had a history of mental commitments, is accused of killing Athens police Sgt. Larry Russell and officer Tony Mims on Jan. 2 with a rifle he purchased Dec. 24 at a Huntsville gun shop.
Barksdale had called Athens police, asking for the FBI or an officer.
When Russell and Mims arrived, he shot them to death, authorities said.
Russell's widow, Michele Russell, said the new law is "awesome."
"I can't say it would have saved Larry or Tony, but maybe he (Barksdale) would not have had a gun that day," she said.
Barksdale's attorney, John Mays, has never denied Barksdale shot the officers, but said Barksdale is innocent by reason of mental disease or defect. He describes Barksdale as a paranoid schizophrenic who did not understand what he was doing.
The Huntsville gun dealer ran a mandatory background check on Barksdale using the federal database, but Barksdale passed because Alabama had not reported any of his mental commitments.
Under federal gun laws, involuntary commitments are a reason for rejecting gun purchases, but the laws don't mandate that states report the information to the database. Alabama was one of 46 states that had not reported commitments.
Butler said the new law changing that does not infringe on a gun buyer's constitutional rights.
"It's pure common sense," he said. "I don't think anyone wants someone with a mental illness being able to buy a gun."
Gun Owners of America, a gun rights group based in Springfield, Va., opposed Alabama's legislation because, the group claimed, it wouldn't effectively keep guns from criminals.
The new law requires a probate judge who orders a person involuntarily committed to a mental hospital to report the case to Alabama's Criminal Justice Information Center in Montgomery if law enforcement personnel provide evidence the person had a history of inappropriate use of firearms or poses a threat to misuse them.
The center forwards the commitment information to the national gun purchasing database in West Virginia, which the FBI oversees.
"The (Alabama) center is working out the process to be able to send this information to the FBI," Butler said. "Since there is federal legislation pending, we're one step ahead."
Proposed changes to a federal law, if passed, would require states like Alabama to provide information on mental commitments.
Information from: The Decatur Daily
http://www.timesdaily.com/apps/pbcs.dll/article?AID=/20040530/APN/405300615
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
The Associated Press
Article Tools
Print E-Mail Article Bookmark Discuss
The shooting deaths of two Athens police officers led to a new Alabama law that requires reporting involuntary commitments of the mentally ill to a national database that screens gun buyers.
State Sen. Tom Butler, D-Madison, said Gov. Bob Riley signed the Mims-Russell Law Enforcement Protection Act, which becomes effective immediately.
"I'm saddened that we needed it, but hopefully it will save lives in the future," Butler told The Decatur Daily last week.
The law requires the reporting to the National Instant Criminal Background Check System.
Farron Barksdale, who had a history of mental commitments, is accused of killing Athens police Sgt. Larry Russell and officer Tony Mims on Jan. 2 with a rifle he purchased Dec. 24 at a Huntsville gun shop.
Barksdale had called Athens police, asking for the FBI or an officer.
When Russell and Mims arrived, he shot them to death, authorities said.
Russell's widow, Michele Russell, said the new law is "awesome."
"I can't say it would have saved Larry or Tony, but maybe he (Barksdale) would not have had a gun that day," she said.
Barksdale's attorney, John Mays, has never denied Barksdale shot the officers, but said Barksdale is innocent by reason of mental disease or defect. He describes Barksdale as a paranoid schizophrenic who did not understand what he was doing.
The Huntsville gun dealer ran a mandatory background check on Barksdale using the federal database, but Barksdale passed because Alabama had not reported any of his mental commitments.
Under federal gun laws, involuntary commitments are a reason for rejecting gun purchases, but the laws don't mandate that states report the information to the database. Alabama was one of 46 states that had not reported commitments.
Butler said the new law changing that does not infringe on a gun buyer's constitutional rights.
"It's pure common sense," he said. "I don't think anyone wants someone with a mental illness being able to buy a gun."
Gun Owners of America, a gun rights group based in Springfield, Va., opposed Alabama's legislation because, the group claimed, it wouldn't effectively keep guns from criminals.
The new law requires a probate judge who orders a person involuntarily committed to a mental hospital to report the case to Alabama's Criminal Justice Information Center in Montgomery if law enforcement personnel provide evidence the person had a history of inappropriate use of firearms or poses a threat to misuse them.
The center forwards the commitment information to the national gun purchasing database in West Virginia, which the FBI oversees.
"The (Alabama) center is working out the process to be able to send this information to the FBI," Butler said. "Since there is federal legislation pending, we're one step ahead."
Proposed changes to a federal law, if passed, would require states like Alabama to provide information on mental commitments.
Information from: The Decatur Daily
http://www.timesdaily.com/apps/pbcs.dll/article?AID=/20040530/APN/405300615
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
Comments
Boomer
"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"
. and the antithesis to this philosophy was uttered by Bill Clinton "I smoked it, but I didn't inhale."[V]
NRA Life Member
"The Greatest Battle Implement Ever Devised!"
-- Gen. George S. Patton
referring to the M1 Garand
IF YOU DON'T LIKE MY RIGHTS - GET OUT OF MY COUNTRY (this includes politicians)
Merc
Insignia?
Nos nullus habitum rancidum insignia!
"Tolerating things you may not necessarily like is part of being free" - Larry Flynt
Maybe we really ought to outlaw pool-shooting where alcohol is sold as the last leo (that I know of) in our community to be injured in the line of duty was smacked across the throat with a cue stick in a saloon here. He survived but was in the hospital for a day or two.
Lots of the sheep who believe this Alabama legislation is a sound and constitutional law also endorse the seat-belt law. See how well this circumvents probable cause. And if you think its okay to make the nervous disorder an issue to prevent the purchase of a gun, how small is the step to search and seize guns owned prior to the institutionalization of the citizen.
Unbelievable. Another vast legal measure with half-vast intellectual investment.
"If the zoo is closed, drop by the Senate. You'll get the
same feeling and you won't have to pay." Bob Dole
that is technically an involentary committment?!
so the shrinks say he is fine and release him, does his name get pulled from the list and his weapons returned or does he just get scre*ed?
think about those circumstances, cause it can happen quicker than most realize
o m
Sadly two leos shot and killed by a deranged individual - he was in the "system" before the murders and if he were deemed a homicide risk steps could and perhaps should have been taken to restrict his possession of a lethal weapon. There is a legal and constitutional framework to safegaurd society from an potentially imminent threat but this takes a commitment to liberty and the republic - hard for sheep.
On the other hand this "feel good" blanket ban requires no thought - good for sheep. Good photo op for the politicians, sheriffs and police chiefs. At the end of the day Alabama leos are no less likely to be shot by a deranged individual because of this law, but we as a society have a little less liberty and a little more gun control.
"If the zoo is closed, drop by the Senate. You'll get the
same feeling and you won't have to pay." Bob Dole
timbroman, oldemagics - Try reading and uderstanding the post before you make commentary that is not applicable.
Boomer
"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"
. and the antithesis to this philosophy was uttered by Bill Clinton "I smoked it, but I didn't inhale."[V]
NRA Life Member
Boomer, I would urge you to think about the ramifications of the law before embracing it. Otherwise, why don't you join with like minds and ban guns altogether? That would solve it all, wouldn't it?
"If the zoo is closed, drop by the Senate. You'll get the
same feeling and you won't have to pay." Bob Dole
Boomer
"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"
. and the antithesis to this philosophy was uttered by Bill Clinton "I smoked it, but I didn't inhale."[V]
NRA Life Member
also these laws tend to start from a perfectly reasonable perspective and then get added on to by people who have a less than stellar intent. i'll withold judgement and see where this goes
happiness is a warm gun, preferably preban
The solution is not to make it harder to get a gun. The solution is to be stricter about releasing mental patients and criminals. If you are not rehabilitated and able to function as a citizen, what the heck are you doing out?
Give them a little and they will just keep going-but the law seems helpful either way.
Now I can't own a gun?
Who gets to decide? I think this ought to be a case by case check to see if someone is insane enough to buy a gun or not.
I am not sure if this couldn't backfire on us like several well intentioned laws have already.
David
Have Gun, will travel
So if I voluntarily check myself into a hospital that also treats mentally ill people, to help me get a grip on life from the loss of several family members (Just for instance) who were killed by a drunk driver, while I was driving, and they died in my arms...
Now I can't own a gun?
Who gets to decide? I think this ought to be a case by case check to see if someone is insane enough to buy a gun or not.
I am not sure if this couldn't backfire on us like several well intentioned laws have already.
I still stand firm: if you are not mentally fit to safely and lawfully exercise your rights as protected by the Constitution, you should not be released from your commitment and/or incarceration. Once you are out, there should be no reason to restrict your rights. Laws like this just sweep the symptoms under the rug while neglecting to solve the actual problem. (Read my other posts on how I hate liars and lazy people, and how laws like this are a way of lying in order to get away with being lazy.)