‘GULAG ARCHIPELAGO’ FOR NC?
‘Mental Incompetence’ Bill  -  Attacks General Population
SB 2081 HITS COMMITTEE TUESDAY

Soviet Russia once used insane asylums to enforce autocracy and steal freedom. In a bizarre parallel, two powerful North Carolina Democrats have decided to use “mental incompetence” as the rationale to steal your right to keep and bear arms.

Two bills have been introduced into the NC General Assembly, ostensibly in response to the Virginia Tech tragedy, which would go far beyond even what was recently passed into federal law.

Worse, they are being fast-tracked by Senate Democrats: Sponsored by powerful Senate Rules Chairman TONY RAND (D-Bladen/Cumberland, GRNC 1-star), SB 2081 will be heard by the Senate Judiciary I Committee THIS TUESDAY, June 10 at 10:00 AM.

WHAT MAKES SB 2081 DANGEROUS?

 As proposed by Attorney General ROY COOPER (D, GRNC 0-star), such legislation claimed to require mentally ill individuals who have been INVOLUNTARILY COMMITTED to mental institutions to be reported for inclusion in the National Instant Check System (NICS) for gun purchase background checks.

 As usual with gun control, however, that is not all the bill does. Instead, it would require courts to report to NICS people who – in contravention of federal law – are specifically NOT a “danger to themselves or others,” and have NOT been committed to a mental institution.

 WHAT SB 2081 DOES:

 ·         IMPACTS PEOPLE NOT DANGEROUS: Unlike federal law, Rand’s bill would create new language to bar from possessing firearms people who are remanded to OUTPATIENT care by the courts. Under N.C.G.S. 122C-263(d)(2), the only people who can be remanded to OUTPATIENT care by courts are those are NOT DANGEROUS. Therefore, the Cooper/Rand atrocity would strip the rights of people who aren’t a threat to anyone.

 ·         EXTENDS FAR BEYOND FEDERAL LAW: While U.S.C. 922(g)(4) creates a firearm disability for people “adjudicated as a mental defective [meaning lacking intellectual capacity] or who has been committed to a mental institution,” Cooper/Rand TARGETS PEOPLE WHO DO *NOT* HAVE A FIREARM DISABILITY UNDER FEDERAL LAW.

 ·         MAKES RESTORATION OF RIGHTS NEARLY IMPOSSIBLE: While the bill purports to allow people to petition for restoration of their rights, it is a paper tiger. By requiring an affidavit from a psychiatrist or psychologist that the patient is no longer undergoing treatment and is no longer a danger, and by further requiring the applicant to prove, at an unachievable standard, that he is no longer a danger, the bill sets an unattainable bar for restoration of gun rights.

 ·         ERODES MEDICAL PRIVACY: If you have the audacity to pursue restoration of your gun rights, ALL OF YOUR MENTAL HEALTH RECORDS WOULD BECOME PUBLIC RECORD.

 IMMEDIATE ACTION REQUIRED  

 ·         IMMEDIATELY E-MAIL ALL members of the Senate Judiciary I Committee using GRNC’s automated e-mail system located here

 ·         IMMEDIATELY CALL Senators listed below IN ADDITION to sending the e-mail above.

 ·         CALL YOUR STATE SENATOR, IF HE/SHE IS ON COMMITTEE: You may find the name of your NC State Senator by going HERE

 DELIVER THIS MESSAGE:

 Dear Senator:

 Senate Bill 2081: “Firearms/Mental Incompetence” is a dangerously over-reaching bill which exceeds federal law and stands to people guilty of nothing. Sponsored by Senator Tony Rand, the bill purports to require clerks of court to report involuntary commitments to mental institutions for inclusion in gun purchase background checks done via the National Instant Check System.

 In reality, however, the bill vastly exceeds federal law by also including people undergoing OUTPATIENT care. Doing so creates two problems: First, under U.S.C. 922(g)(4) federal law creates a firearm “disability” only for people who are INVOLUNTARILY COMMITTED to mental institutions. People undergoing outpatient care have no federal disability.

 Second, although federal code deprives of gun ownership only those who have been “adjudicated to be a danger to themselves or others,” N.C.G.S. 122C-263(d)(2) specifies that a court may mandate OUTPATIENT treatment only for those who are specifically *not* dangerous. Therefore, SB 2081 strips the rights of people who are neither dangerous not prohibited under federal law.

 Although SB 2081 purports to provide a mechanism for petitioning for the restoration of the individual’s constitution rights, in truth the evidentiary standard set by its language – a requirement for “clear and convincing evidence” – is all but unattainable by the petitioner.

 I expect you to oppose this bill, Senator, by all means procedural and substantive. At your earliest convenience, please advise me of your position.

 Respectfully,

 CALL THESE SENATORS:

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