
12-23-2007, 08:11 PM
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Admin Varminator
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Join Date: Jun 2001
Location: The Grassy Knoll
Posts: 1,492
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Shotgun News article continued:
Quote:
Gun Owners of America put out an alert on July 10 that warned about a Horatio Miller in Pennsylvania who “said that it could be ‘worse than Virginia Tech’ if someone broke into his car, because there were guns there.” Miller was arrested, but not charged. Nonetheless, the district attorney instructed the sheriff to revoke Miller’s concealed carry permit, and according to GOA’s press release, the district attorney “asked police to commit him under Section 302 of the mental health procedures act and that was done. He is now ineligible to possess firearms [for life] because he was committed involuntarily."[7] The district attorney might want to consult a lawyer (or someone who knows how to read). Section 302 of the Pennsylvania Mental Health Procedures Act is not an involuntary commitment under federal law at all. The title is “Involuntary emergency examination and treatment authorized by a physician.” It is limited to 120 hours, and does not involve the due process requirements necessary for adjudication under federal law.[8]
I suppose that I should point out that Miller’s problems may be a bit larger than a thoughtless remark. I wouldn’t bet the farm on this guy being right, but one gun rights activist in the area where Miller was arrested has been following the case, and reports that local newspaper coverage indicates that the police have been called to Miller’s apartment building 22 times in the previous year.[9] Maybe the district attorney completely overreacted. But maybe there’s some history of inappropriate behavior. Without more data, I would not make too many assumptions.
I appreciate the concerns that gun rights groups have about HR 2640. Anytime that Carolyn McCarthy wants a bill passed, we should definitely read it carefully, and consider if there might be something nasty hiding in the woodwork. But so far, all of the objections that I have seen raised to HR 2640—at least as it is written today—seem to be erroneous.
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Member: The Red Mist Culture
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