Lynn Stuter is worried that we’re all going to be diagnosed with mental disorders, and it makes the H.R.2640 dangerous.Â Â It may be true that we’ll all be diagnosed with some kind of mental disorder, but the fact is that’s not sufficient for a person to have a firearms disability.Â Remember that you actually have to be committed to a mental institution against your will, which isn’t going to happen unless you’re as nutty as a fruitcake (and even then, it’s hard).Â Â The only other conditions that suffice for a firearms disability are outlined in 27 CFR 478.11, which we covered on Monday:
Adjudicated as a mental defective. (a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
(1) Is a danger to himself or to others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
(b) The term shall includeâ€“
(1) A finding of insanity by a court in a criminal case; and
(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
This is far less encompassing than just being diagnosed with something from DSM IV. Â I am quite open to arguments against H.R.2640, but I’m seeing quite a lot of opposition out there that’s based on poor information and bad facts.Â When I see them, I’m going to keep pointing them out.