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Dear Legislator;
Dear Senator: Senate Bill 2081: "Firearms/Mental Incompetence" is a dangerously over-reaching bill which exceeds federal law and stands to target 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 constitutional 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, A Concerned North Carolina Voter
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