Do restrictions on mentally unstable people owning guns restrict their rights? (user search)
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  Do restrictions on mentally unstable people owning guns restrict their rights? (search mode)
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Author Topic: Do restrictions on mentally unstable people owning guns restrict their rights?  (Read 5409 times)
John Dibble
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Japan


« on: May 07, 2007, 07:12:33 PM »

Well it does restrict their rights, but it does so in a manner which is permitted under the constitution. The 5th amendment says no one can be deprived of life, liberty or property without due process of law. That of course implies that they can be deprived of those things when there is due process of law. So if someone is convicted of a crime or is adjudicated to be mentally ill by a court of law then that person can be deprived of his liberty, in this case the liberty to posses a gun.
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John Dibble
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« Reply #1 on: May 09, 2007, 09:56:14 PM »

Is it constitutional? Yes
Does it restrict their rights? Yes

If it restricts their rights, then it's not constitutional. Period.

Would you argue that being put in prison for the commission of a crime puts no restrictions on a person's rights?
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John Dibble
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Japan


« Reply #2 on: May 09, 2007, 10:22:53 PM »

Would you argue that being put in prison for the commission of a crime puts no restrictions on a person's rights?

They opted to forfeit some of their rights when they committed crimes.

Frankly I think they'd disagree. It does restrict their rights, but you are merely arguing justification for doing so.
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