Baker acting is an administrative hold. IIRC it is not an adjudication of mentally deficient, nor is it an actual commitment to a mental institution which requires formal legal proceedings, not just an ex parte hearing. Either an adjudication of mentally defective OR a commitment to a mental institution is required to become a prohibited person. That said, the mental eval that follows Baker acting can lead to an adjudication of mental illness if that person is not stable after the 72 hour hold. Without knowing the outcome of that evaluation, we have no way to no whether someone or some agency actually did drop the ball, but my guess would be he was held, stabilized with medication, and released. Obviously he was having a bipolar and/or schizophrenic episode, but we're looking at it from the flip side. If he was not actually adjudicated mentally deficient as a result of that Baker acting or subsequent events, and he was never committed to an institution, what exactly would be the legal grounds for removal of his constitutional rights? The guy was clearly crazy, and I'm not saying he should have access to firearms. That said, due process is a thing and we too often don't put actual crazy people through that due process. We need to ask why that is.
He’s diagnosed bi-polar, per the mother. You’d think being diagnosed bi-polar + baker acted would be all you need to blacklist a person from purchases. Should raise flags all over the place. Should be a no brainer. Apparently it’s not.
Neither of those (Baker Act, diagnosis by a doctor) require a hearing in front of judge with both parties present, rules of evidence, etc. as is normally required to deny someone an enumerated constitutional right. That should be the kind of thing that happens when we have people who are a clear danger to themselves and/or others, but it also isn't always as clear cut before the fact as headlines make it seem after the fact. I'd also question just how transparent and accessible that process of rights removal is to the loved ones who need to push the process forward.
My point is the due process obviously failed to identify a clear threat and mandate that he should not own guns. Whatever process that was followed is deficient or whoever enacted it failed to do their job.
Well yeah, that’s why the mentally ill will continue to get guns. Nothing can be done with the framework we have now, yet it (almost) always seems to be obvious in hindsight that they shouldn’t have been allowed to have guns. It is our screwy gun culture that makes it easy for the mentally ill (as well as run of the mill criminals!) to easily obtain guns whether legally or off the streets (due to sheer volume). I respect the medical privacy of people, but when you have both a diagnosis and baker act factors it seems pretty insane there isn’t a mechanism to flag it.
Funny, because my wife has an ex that went off the deep end, tried to buy a firearm, was denied, and was arrested for lying on a 4473 in Virginia after having been baker acted in Florida in the past. The guy got out on bail, committed another crime of abuse, had the gf and her family not cooperate with the investigation, and then skipped bail on his original charge and is currently a fugitive.
Aight, that’s more than I was thinking. Hunters need more than just one type of rifle. Depending on what your hunting, and from what distance, requires some different rounds. This guy was clearly nuts, and should be buried in prison. I do appreciate your honest and civil reply though.
It is true I don’t hunt but one time buddies and I went to the dump with 22s and shot at rats. I doubt I hit one but the guys I was with said they did but I know at least one miss was called a kill.
It was wasted on me. It stank. I would rather have been at a bar paying more for drinks but with the chance to score with a lady.
That’s also a definite. I would think a ray shoot would be a 3 am post last call/last shot with a lady, type destination
Goodness I've blown through 150 rounds of shotgun shells in one afternoon. Dove were flying high that day . My shoulder was sore as hell. It really depends on the day and the wind. I may use different chokes and different shotguns. I got my son a .410 when he was 9 and taught him all the safe ways to use a firearm. Kid has a level head and about to graduate with his masters. IT IS NOT THE FIREARM.
That’s a lot of money sitting in that sidewalk. 10k or so. I have several guns. 6 hunting rifles from suppressed .22 to 7mm mag. Hunt small game to elk with them. My hand guns run the gamut from .38 to 44 magnum. Same reason. Home defense is not a shotgun… for many many reasons. I run an ar 15 set up for defense. My shotguns are for duck/bird hunting. None have ever killed a person nor have they ever considered it. None have misfired. All are properly maintained. Safe and careful storage. I have long been in favor of a tiered liecwnsed system. Want certain guns.. get certain training and licenses.
LOL so owning more guns than you need is somehow bad. I own 3 guns, a 12 ga shotgun I was given when I was 12, I think there may be a couple of 12 gauge shells somewhere in the house but I would have to look for them. A 50 cal. Hawken rifle and a 1851 navy colt. If you have ever loaded a Hawken or a Navy Colt you know how useless those guns would be unless you kept them loaded which I don't. I will say if I ever had an intruder the sight of that colt would scare them out of their shoes, it is quite a hefty handgun.
