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Posted on 12/3/14 at 4:51 pm to
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32872 posts
Posted on 12/3/14 at 4:51 pm to
I believed that any loss of rights beyond a short period of time required court approval.
Posted by constant cough
Lafayette
Member since Jun 2007
44788 posts
Posted on 12/3/14 at 4:52 pm to
Somebody needs to tell New York that the 2nd amendment is The Law of The Land!
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 12/3/14 at 4:54 pm to
Like I said, this "harm to self or others" standard is super old and has been used to take rights away (ie hospitalize against pts will) for a long time. Its not something that is done casually, as what doctors wants to open themselves up for suit for taking away someone's rights when theres not sufficient justification.
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 12/3/14 at 4:54 pm to
quote:

That's why we have lawyers, and judges, and people, and juries, and appeals, and due process


and these people deal with evidence..."it is my determination that BLANK is a danger to him/herself and/or others" gets you in the system...that's not due process and there is no judicial recourse...also what can be described as something similar to an administrative law body does not (well I should say "should not") get to decide whether you are to be deprived of your constitutional rights

BTW, congrats on the unbanning...I thought your ejection was pretty unfair
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 12/3/14 at 4:55 pm to
quote:

Posted by LSUGrrrl I believed that any loss of rights beyond a short period of time required court approval.

Yes, but the initial removal of rights and forcibly hospitalizing someone is done without the court system. To keep them beyond a certain period of time, the courts may then get involved (period of time often depends on state)
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32872 posts
Posted on 12/3/14 at 5:00 pm to
Is NY removing guns for 72 hours or keeping personal property without compensation forever with no court review?
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 12/3/14 at 5:01 pm to
quote:

standard is super old and has been used to take rights away


really, what other constitutional rights have been taken away using this "super old" term would you defend?

Free speech?
quartering soldiers?
protection against unlawful search and seizure?
due process?
trial by jury?
protection against cruel and unusual punishment?

seriously which ones? unless you think one person determining someone should be tossed in the looney bin based on one person's testimony/opinion

even if you're the biggest gun control advocate in the world, you're giving away your rights to feel safe and to accomplish your desires...sound familiar?


Posted by boosiebadazz
Member since Feb 2008
80192 posts
Posted on 12/3/14 at 5:02 pm to
quote:

..."it is my determination that BLANK is a danger to him/herself and/or others" gets you in the system...that's not due process and there is no judicial recourse


I haven't read the law but I did see another poster say there was no appeal mechanism or anything else resembling due process and if that is true, I hope (and think) the law will be scuttled as unconstitutional

I'm ok with involuntary curbing of rightrs under certain circumstances, but there has to be a mechanism to challenge and appeal the initial finding.

And yeah, I didn't really think it was a bannable offense, but I don't make the rules.
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 12/3/14 at 5:03 pm to
quote:

and these people deal with evidence..."it is my determination that BLANK is a danger to him/herself and/or others"

You don't think a doctor has to provide evidence and justification as to why he put a pt on a psych hold.
Posted by boosiebadazz
Member since Feb 2008
80192 posts
Posted on 12/3/14 at 5:05 pm to
interdiction mechanisms have been around for a long time and have safeguards built into them

calm your tits
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 12/3/14 at 5:06 pm to
quote:

Is NY removing guns for 72 hours or keeping personal property without compensation forever with no court review?

I thought the removal of the gun was temporary?
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
10590 posts
Posted on 12/3/14 at 5:07 pm to
I'm no constitutional scholar but is physically restraining somebody and forcing them to stay in a hospital and while medicating them against his will not a violation of some type of right?
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 12/3/14 at 5:07 pm to
quote:

Sorry but Europe/Australia disagrees with you. In UK, only 14 people died of gunshot wounds last year.


Wowzers
Posted by boosiebadazz
Member since Feb 2008
80192 posts
Posted on 12/3/14 at 5:09 pm to
or taking away their ability to manage their affairs or dispose of their private property as they see fit

Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 12/3/14 at 5:11 pm to
No

"He said BLANK"

"Good enough for me"

STAMP
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 12/3/14 at 5:12 pm to
yeah and people get screwed that way too

Also, you're talking about "capacity" which you can clearly have and get fricked by this rule

Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32872 posts
Posted on 12/3/14 at 5:13 pm to
quote:

I thought the removal of the gun was temporary?


quote:

After a court order is issued, a deputy delivers it to the permit holder and seizes their permit and guns, according to Leja of the Cayuga County Sheriff's Office. He said his office stores the weapons in a secured vault. Leja said a judge may eventually decide to allow the person whose permit was suspended to make arrangements to sell the confiscated weapon to a gun dealer. But Leja said he has not seen that happen yet.


Doesn't sound temporary.
Posted by boosiebadazz
Member since Feb 2008
80192 posts
Posted on 12/3/14 at 5:14 pm to
quote:

and get fricked by this rule


BY saying you want to harm yourself or others? That is getting fricked?

Look, we can run down the parade of horribles and what-ifs all day if you really want to work yourself up into a hysteria about it. Bottom line is there needs to be checks and balances and ways to challenge and appeal the initial finding. Absent that, the law should be kicked.
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 12/3/14 at 5:19 pm to
It is, and you would agree that more is needed (or should be needed) than the testimony of one person to determine that. My doctor can call the looney bin. I won't spend one second there. My doctor can tell Uncle Sam I'm dangerous (also unethical by itself) and my rights are immediately 2/3 through the process of being stripped. No jury, no recourse, nada

and again, do you not think that practice has screwed people royally, such was the case of unwanted enemas and rectal exams in Arizona.


Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69270 posts
Posted on 12/3/14 at 5:22 pm to
The downvotes on my first post are perplexing. It is common sense that less guns equates to less mass shootings. When was the last time (besides norway) a mass shooting happened in eu?
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