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Univ. of San Diego School of Law

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Saturday, November 26, 2005

Mental Health Records Not In Firearms Database

Certain mental health conditions can make one ineligible to buy a firearm under federal law. See 18 U.S.C. 922(g) ("It shall be unlawful for any person--. . .(3) who is an unlawful user of or addicted to any controlled substance [or] (4) who has been adjudicated as a mental defective or who has
been committed to a mental institution . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce").  However,
most of those records are not checked when individuals purchase weapons.  Story here. [Jack Chin]

http://lawprofessors.typepad.com/crimprof_blog/2005/11/mental_health_r.html

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Comments

I don't believe they should share medical records with law enforcement in database form for routine purposes, but only under a court order. Who trusts that a database accessed by THAT many people is secure? Is nothing private anymore?

All this Big-Brother-esque foolishness to justify ignoring the phrase "shall not be abridged."

Posted by: Scott | Nov 27, 2005 6:31:30 AM

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