What you call, Rule of Law

When Anger Management Leads to Gun Confiscation

Apr. 10, 2015 - Mirrored from the Patriot Post

Anti-Second Amendment zealots are sure to be stirred up by a new study that claims 22 million Americans have severe anger issues andaccess to guns. The study1, conducted by researchers at Harvard, Columbia and Duke universities, goes on to identify these angry people as generally young or middle-aged men living in suburban areas and having a history of impulsive and explosive anger issues. Next up: Gun confiscation.

The study’s authors note2 that, while laws are already on the books limiting gun access for people with felony convictions or misdemeanor domestic violence convictions, there have been few attempts to limit access for people with documented anger management issues or alcohol abuse.

In recent years, newly minted federal and state laws focused on limiting gun access to people with mental illness, but so far the results have been mixed. While it has been possible to prevent some mentally ill people from owning firearms, there are also cases where perfectly healthy individuals have had their guns confiscated after being swept up in this dragnet. Furthermore, the study’s authors point out that, even if mentally ill people are removed from the equation entirely, it would reduce violent crime by only 4-5%.

The study concludes that it’s time to widen gun restrictions to include people with other misdemeanor convictions and documented behavior that, according to its findings, indicate the potential for gun violence. The anti-gun lobby is sure to latch onto this study as it continues its fight to remove firearms from private ownership.

Certainly there are people so mentally unstable that they shouldn’t own guns. But who gets to decide just how angry people must be before we revoke their Second Amendment rights? Is it, for example, throwing a rock through a neighbor’s window, or is it something mundane like raising one’s voice in a heated discussion about picking up the trash? 

Everyone expresses anger, and, while the study defines an “anger problem” through a series of aberrant behaviors like repeatedly destroying property or getting into physical altercations, lawmakers may not adhere to such a strict definition. Nor does it instill confidence that the execution of laws meant to curb gun ownership by so-called angry people will be administered without prejudice. We need only look at the gun-grabbing effect of laws already on the books to prove this point.

Take the case of Michael Roberts3, a law-abiding citizen in California who had his 21 firearms, including some irreplaceable family heirlooms, confiscated in 2010 when his doctor filed a restraining order against him. The matter was peacefully resolved, but the police refused to return Roberts' guns despite a court order instructing them to do so. In the end, he sued for and received the cash value of his guns, but the police, who had no such authority under the law, destroyed the firearms.

Sadly, the Roberts case is not unique. States with strict gun laws — California, New Jersey, Massachusetts, et al. — often operate on a confiscate-first, ask-questions-rarely mentality. These types of cases happen under the radar and often go unreported in the media, leading people to think lawful gun owners needn’t fear having their guns confiscated and destroyed by government officials.

The gun grabbers who hide behind state and federal laws count on the bureaucracy to mask their actions and to prevent people from seeking restitution if their guns are confiscated. Oftentimes, the cost of litigation, fees and fines are too great for gun owners to pay, and they have little recourse as their firearms are seized for ginned up reasons.

The right to own firearms is protected by both the Second Amendment and the Fifth Amendment, which covers private property. But if government officials and anti-gun zealots are making the rules, the status of legal gun ownership will remain on precarious ground. [Picture Source]

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Via Patriot Post

--Joe