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“The burden of proving that one is no longer prohibited is going to be on the patient. Once a person is prohibited, it’s going to be very hard to get that off your record.” – Theresa Garcia in Del. House will consider bill to keep guns away from deemed danger to selves, others [via washingtonpost.com]

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27 COMMENTS

  1. Exactly the way that they want it – anyone can be added to the ban list for any reason and it’s almost impossible to get off of unless you’re extremely rich or politically connected.

    • Its not any reason, read the article. There is a provision that is being added where someone else in your family can hold the guns instead of confiscation. Provide they make some changes, even the NRA is on board with the proposal.

      Also

      “The burden of proving that one is no longer prohibited is going to be on the patient,” said Theresa Garcia, executive director of the 9-12 Delaware patriots, a conservative group opposed to the new gun control proposals. “Once a person is prohibited, it’s going to be very hard to get that off your record.”

      The person above is opposed to the bill, but the above quote does not make sound that way.

      • I’m glad she’s against it, after all does no-one on the anti side of things understand the high potential for abuse of this system?

        • Heck, they don’t care. Any abuse that prevents another citizen from owning or possessing a firearm is another notch on their confiscation scorecard.

        • I think misuse is the point of it. It’s certainly not protection from harm; even these morons know there’s thousands of ways to commit suicide or mayhem.

      • All this bill will do is inspire anyone with a gun (or any desire to own a gun at some point) to NOT seek treatment for any mental problems. It’s utterly idiotic to push those with mental problems further away from getting help due to legal repercussions for seeking treatment.

  2. Isn’t that Gingrich’s old lady in the photo? And her hands look monstrous…

    • Once again

      “The burden of proving that one is no longer prohibited is going to be on the patient,” said Theresa Garcia, executive director of the 9-12 Delaware patriots, a conservative group opposed to the new gun control proposals. “Once a person is prohibited, it’s going to be very hard to get that off your record.”

      The person above is opposed to the bill, but the above quote does not make sound that way.

      • Thanks again for the clarification, Pascal.

        There is more than enough misrepresentation, rhetoric, omissions, and outright lies perpetuated by the gun grabbers and their media accomplices. The gun control issue has become a vicious, divisive war. We want to be viewed as the good guys and victims in this battle for justice, fairness and civilian security – including security for our children and octogenarians.

        I’d expect that what is being presented here by ALL pro gunners for others to read be beyond reproach, accurate and truthful. We can’t afford to misrepresent reality or state untruths in this debate a ’la what has become the gun grabbers’ and MSM SOP: the arguments for our position must be unassailable.

  3. The bill needs to be fought, there is nothing that is going to be reasonable about it, there is no working with dishonest people or those who feel the constitution no longer applies, Randy

  4. DZ, Pascal is right, the post makes her look like an advocate, not the person trying to defeat it. I know it’s reasonable to expect people to read the article for themselves, but a lot of people don’t.

  5. I agree with Mrs Garcia… the burden of proof should never be carried by the accused. Our entire system of law is built on the premise of innocent until proven otherwise. This idea of the patient ‘proving’ they are sane is just bad. Very, very bad.

  6. How about this ignorant comment after the article:
    “Delaware need look no further than Connecticut and copy their gun control policy. It will bring honor and tribute to the memories of the Sandy Hook victims. The Connecticut model should be the model for the Nation and it should go one step further, the funds should be appropriated to buy back by the government all assault weapons.”
    Talk about pie in the sky BS!

    • Wow do they mean the CT AWB that was in place BEFORE the shootings, that did not stop the shootings? The model that is so uptight that you can not even hold a handgun in a gun store without a permit?

    • I think we should all give up our gun rights to honor the children of Sandy Hook. And we should give up our cooking rights to honor the people of the Boston Marathon. And July 4th celebrations should be banned because of the fireworks. It’s also an anachronism, because it celebrates our independence, which we are in the process of losing. And then we should give up our free will to honor the Father of All Lies in the WH.

  7. In Portland Oregon area, a very large percent of the population suffers from SAD because of the frequent lack of sunny days leading to various degrees of depression. Many people here take a mild prescription anti-depressant to deal with the symptoms and/or use a sun lamp. Based on the ethics and political agenda of the gun-grabbers I can see them at some point trying to include people who take meds for SAD to be on the banned list.

  8. Once again people have this misplaced trust that due process will be followed and rules will prevent abuse. And once in place it would only take a phone call from a “concerned citizen” to bring a SWAT team to your door to take the guns. A very public display of force on the evening news that will discourage anyone else from speaking out, acting out, or getting out of line.
    This is how is starts, with only the best of intentions.

  9. I am the person in the quote. The 9-12 Delaware Patriots is AGAINST Delaware HB 88, “Possession by a Person Prohibited”. I’m not sure how anyone can interpret this quote for being in support of this terrible bill.

    This bill creates the potential for mistakes to be made by the multitude of officials who are in the string of deciding who keeps their firearms and who does not. From the counselor to the Department of Justice to the Courts to the State Police to the local law enforcement agencies – this is a huge string of people who can decide someone should be ‘prohibited’.

    There is an enormous potential for these decisions to become very arbitrary decisions. Since there is no real definition in this bill of what constitutes a psychologically ‘prohibited person’, it is up to the system to decide. Thus, anyone can be deemed dangerous and therefore prohibited and their firearms confiscated.
    This bill also creates major violations of patient’s privacy as doctors’ records are shared throughout the system. With the HIPPA laws, we have to give written permission for my anyone to have access to our records or for my doctor to speak with anyone concerning our health. With this law, the health records essentially become public records open for anyone to review.

    These records will travel through the courts, the State Police, the Department of Justice, the local law enforcement agencies, the Department of Health and Social Services, and the Division of Substance Abuse and Mental Health, as a minimum.

    The burden of proving one is no longer prohibited is on the patient. This is somewhat like seeking parole from jail – the odds very heavily favor the system. The system decides who will be permitted to have their firearms returned. Once a person is deemed ‘prohibited’, there is very little likelihood that the system will decide he is no longer in that category.

    The word confiscation from other family members in they house was used in the hearing though they said, “Of course we are not considering that”. So that will be accessible information and an invitation to the bad guys to visit an unarmed home. Would this also be accessible to future employers?

    While parading itself as a means of keeping firearms out of the hands of dangerous people, in reality this added section of the bill simply makes very public the counseling records of patients and gives the State another means of firearms confiscation with virtually no hope of the individual having his guns returned.

    Perhaps that is the real intention of this bill – confiscation of firearms under the guise of protection of society.

    Make no mistake on my position or on the position of the 9-12 Delaware Patriots.

    Molan Labe

    Theresa Garcia, Executive Director
    9-12 Delaware Patriots

    • Thank you for explaining your position. Count me on board. The worst mistake gun rights supporters can make is to assume that we share a common moral & ethical base with those who would disarm us. “Come, let us reason together” doesn’t work any more. These are not nice people & cannot be negotiated with. Victory is our only salvation.

      Your best point in my opinion is to show the chain of authority under the proposed new law and how every last one of them must agree that the citizen may be allowed to keep his/her guns. It’s actually worse than the prospect that someone with an M.D. sheepskin will have veto power over one’s Constitutional rights.

      The bottom line is that government will be empowered to suddenly and arbitrarily declare, “You can’t have those things, citizen. You must forfeit them to the state”.

      No compromise! Question their motives and do not trust those who would disarm us.

  10. Good morning Thersea, On 9 Sept 2013 Mark Kessler a law enforcement officer from PA will lead peaceful march to capitol in support of the 2nd amendment while calling on Obama to step down. Buses are coming from California, Texas. Washington St, Idaho and all 50 states with supporters to march upon the capitol. Rolling thunder, 9-12 groups, law enforcement officers, veterans groups and individual patriots are going to be there with flags and banners. Mark Kessler will lead the march and asked to get the word out and to join if possible, if not he has asked that the same groups assemble upon the state capitols in support of the protest. My question to you, will Delaware 9-12 organize in support of this national effort? If so will DE 9-12 have buses going to DC? I plan on participating in this march

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