• Kalkaline @leminal.space
      link
      fedilink
      arrow-up
      117
      arrow-down
      10
      ·
      11 months ago

      Yeah, some common sense gun laws would have helped. People hearing voices should not have guns in their possession.

        • TransplantedSconie@lemm.ee
          link
          fedilink
          arrow-up
          86
          arrow-down
          2
          ·
          11 months ago

          The thing is, he was a prime candidate to fall under the Yellow Flag law with the threats he made.

          The police didn’t do their job and invoke it.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            19
            arrow-down
            4
            ·
            11 months ago

            The problem was, when he made the threats, he was in New York. He was committed for 2 weeks in New York. Maine’s yellow flag law had no jurisdiction.

            New York has a red flag law, but his home and guns were in Maine.

            We solve this problem with a FEDERAL Red Flag law.

            • ArcaneSlime@lemmy.dbzer0.com
              link
              fedilink
              arrow-up
              6
              ·
              11 months ago

              Hey dude I hope you’re doing good! I’m just popping in to add in here:

              It is actually already a federal law that people who were IVC’d in any state have that reported into NICs and have their guns confiscated. It isn’t “red flag laws” specifically which seek to broaden the law we already have (depending on state, with a burden of proof as low as “he said she said” in some cases, always at a secret hearing you aren’t allowed to even know about much less defend yourself, and then they may return them 1yr later when you finally do get your day in court if you can prove the negative.)

              So, we don’t have a red flag law nationally, but we do have 18 U.S.C. § 922(d), [which states:] it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution.”

              Seems a lot of people (on and off lemmy) aren’t aware of this law (which, in this case, would have prevented this had the beaurocrats done their jobs), just figured I’d let y’all know.

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                3
                ·
                edit-2
                11 months ago

                That’s the problem… the word “adjudicated”. Unless it goes through a judge, the guns are NOT confiscated and it does not show up on a background check.

                So the Maine shooter was held, it didn’t go through a judge, was not “adjudicated”.

                Same for Jacksonville:
                https://en.m.wikipedia.org/wiki/2023_Jacksonville_shooting

                “In 2017, he was the subject of a Baker Act call, used to place persons under involuntary detainment for mental health examination for up to 72 hours.[6]”

                Same for Allen, Texas:
                https://en.m.wikipedia.org/wiki/2023_Allen,_Texas_mall_shooting

                “Garcia was then enlisted in the U.S. Army in June 2008, but he never completed basic training: he was terminated after three months due to mental health concerns.[39][40] Because this was an administrative separation, rather than a punitive discharge, Garcia’s termination by the Army would not show up on the National Instant Criminal Background Check System.[41]”

                • ArcaneSlime@lemmy.dbzer0.com
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  1
                  ·
                  11 months ago

                  Ah, I see. To me that isn’t necessarily a bad thing though, to require some proof before removal of one’s rights. If anyone can just say “my ex said X” then what is stopping people from abusing that? Right wingers calling it in on trans people who are trying to protect themselves from right wing violence for instance, or an abusive ex having his ex-wife’s guns taken so he can go hurt her, something like that. I personally believe it should require at least some proof that would hold up in court. I’m also not a huge fan of the whole “Take the guns first, due process second” approach that Trump supported with the red flag law secret hearings business, I think that if someone is making verifiable threats, you should be able to charge them with that in a normal, non-secret hearing, leading to the adjucated IVC, removal of rights, flagged in NICs, etc.

                  I think there is a way that we could all agree on, gun rights supporters and realistic gun control supporters alike (the no-guns crowd aside). Something like actually sending these people through a judge in a timely manner oughta at least be a step in the right direction.

                  • jordanlund@lemmy.world
                    link
                    fedilink
                    arrow-up
                    2
                    ·
                    11 months ago

                    Yeah, it’s not that rights should be taken away without going through a judge, it’s that more things NEED to go through judges to create the appropriate disqualifying paper trail.

                    I’d argue too that we need to expand what is a disqualifying event. If you look at the Michigan State shooter, he had been arrested on a felony gun charge, allowed to plead down to a misdemeanor, did his time, then when his background check was clear, he bought another gun, and here we are.

                    Should we allow people to plead down from felony to misdemeanor when the charge involves guns? A felony charge would have blocked him from buying a gun.

                    Maybe, when it comes to gun charges, a misdemeanor should also be a disqualifier? Right now it’s only felony charges, but if someone has already proven they can’t be trusted around a gun…

              • trash80@lemmy.dbzer0.com
                link
                fedilink
                English
                arrow-up
                2
                ·
                11 months ago

                I’m just going to piggyback on your comment here to add this:

                The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person: who has been adjudicated as a mental defective or has been committed to any mental institution;

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                4
                ·
                11 months ago

                Because in New York he was reported from a military base and they removed him from the base. They had no knowledge of what he may or may not have had in Maine.

                • gregorum@lemm.ee
                  link
                  fedilink
                  English
                  arrow-up
                  12
                  arrow-down
                  2
                  ·
                  edit-2
                  11 months ago

                  Nnnooo, it’s still a failure of the cops. The law, as it is, is a good law. The problem here, again, is that the cops didn’t do their jobs.

                  Edit: Sometimes a law is poorly written so law enforcement can’t do what’s necessary to enforce it or the law doesn’t really address a problem. That’s not what happened here; the cops simply chose not to enforce the law, and that’s entirely on them.

                  • ArbiterXero@lemmy.world
                    link
                    fedilink
                    arrow-up
                    1
                    ·
                    11 months ago

                    Mostly nobody.

                    The reality is that the laws are the written minimum expectations of our social contract.

                    If enough of the unwritten social contract falls apart, you’ll be amazed at how quickly it becomes obvious that most laws aren’t really enforced.

                    I mean cops won’t even show up for most shoplifting cases these days, so what stops most people from shoplifting?

                    The social contract that we hold dear. As long as I can have my needs met legally, I will do it. As soon as I can’t feed and house myself legally, I won’t choose to “not eat” because of cops.

                • squiblet@kbin.social
                  link
                  fedilink
                  arrow-up
                  7
                  arrow-down
                  2
                  ·
                  edit-2
                  11 months ago

                  That doesn’t make much sense. That’s not how many laws are enforced. What do you even mean by “initiative”? Weird how they could stop my friend on the street, shove their hands in his pockets to search him for “drugs” (cannabis) and give him a ticket for loitering but when some guy tells someone he wants to shoot up a military base, no problem.

                  Or they can pull us over repeatedly as teens and say “where are you going tonight? Any drugs in the car? Can I search your car?” Those were failed laws but not due to “initiative”.

        • BigFig@lemmy.world
          link
          fedilink
          English
          arrow-up
          48
          arrow-down
          1
          ·
          11 months ago

          Except HE reported having heard voices and threatened to shoot up a military base. No knocking required, the police knew and did nothing

        • ZagamTheVile@lemmy.world
          link
          fedilink
          arrow-up
          16
          arrow-down
          1
          ·
          11 months ago

          No, but you can ask anyone that checks in to a ward saying their hearing voices if they have guns.

          • jeffw@lemmy.worldOPM
            link
            fedilink
            arrow-up
            4
            arrow-down
            20
            ·
            edit-2
            11 months ago

            Sounds foolproof. People being involuntarily committed never lie to the people locking them up!

            • Flying Squid@lemmy.world
              link
              fedilink
              arrow-up
              4
              ·
              11 months ago

              Too bad there’s no way to find out if they have guns like, for example, looking to see if they have guns. But that would be impossible.

        • Kalkaline @leminal.space
          link
          fedilink
          arrow-up
          3
          arrow-down
          1
          ·
          11 months ago

          We could enact a law that would have people take a yearly gun safety course which includes a psychological assessment to determine their fitness for gun ownership. Failure to comply would start a process for gun confiscation by the state. Failure to provide proof of completion would result in a $10,000 fine and confiscation of guns on the person and on their property.

      • Queuewho@lemmy.world
        link
        fedilink
        arrow-up
        3
        arrow-down
        2
        ·
        11 months ago

        Yeah here’s me not wanting a gun for myself because I sleep walk. How is it that people with dangerous mental disorders can just get whatever they want?

    • AllonzeeLV@lemmy.world
      link
      fedilink
      arrow-up
      75
      arrow-down
      13
      ·
      edit-2
      11 months ago

      Nah, this blood, as with almost all mass shootings, is completely on the 2A people as far as I’m concerned.

      Australia cleaned up their act in response to mass tragedy. Our society just isn’t a society.

      That would require some degree of cooperation and sacrifice. Modern Americans just don’t have those qualities in us.

      This is what our people have chosen to be.

      • originalucifer@moist.catsweat.com
        link
        fedilink
        arrow-up
        64
        arrow-down
        8
        ·
        11 months ago

        yep i realized this when a room full of dead 6 year olds wasnt enough for the 2a people to realize real people are dying for their fake security. ive lost hope

      • jordanlund@lemmy.world
        link
        fedilink
        arrow-up
        6
        arrow-down
        12
        ·
        11 months ago

        We can’t do what Australia did. 2nd Amendment aside (and that alone is a huge blocker), we have a much larger population and a much larger inventory.

        Australia confiscated 650,000 guns on a population at the time of around 18 million people. Even that was only 20% of the guns in the country.

        https://www.vox.com/2015/8/27/9212725/australia-buyback

        The United States has a population over 330 million with over 400 million guns.

        20% of 400 million would be 80 million guns. To take those off the street, we would have to run the equivalent of the Australian program 123 times.

        Logistically, it’s impossible. Even without the 2nd amendment we don’t have the capacity to do it. There’s no way to collect and dispose of them.

        • Lobotomie@lemmy.world
          link
          fedilink
          arrow-up
          14
          arrow-down
          1
          ·
          11 months ago

          Who says this has to be done in a day? Have gun drop off places which keeps lists, destroy the guns (weld the muzzle or drill in a hole both can be done in 2minutes for a single gun) and then sell them to scrapyards. People have time until the end of 2024.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            3
            arrow-down
            8
            ·
            11 months ago

            The Australian plan did take a year, October 1996 to September 1997, and all they got was 650,000 guns which was 20%.

            Americans first, have no obligation to give up their guns thanks to the 2nd Amendment and second, aren’t as likely to give up their guns.

            You aren’t getting 80 million (20%) even in a year, and again, we don’t have the capacity to collect and dispose of them.

            80 million / 50 (yeah, I know, it won’t be an even distribution, but let’s work the math roughly) 1.6 million per state / 12 months = 133,333 a month per state.

            The Australian plan took 12 months to collect 650,000. So the US would need to meet that in about 5 states in one month.

            The most successful gun buyback in US history collected 4,200 guns across 4 buybacks.

            https://www.hcp1.net/GunBuyback

            The Australian plan cannot work here.

            • User_4272894@lemmy.world
              link
              fedilink
              arrow-up
              9
              arrow-down
              2
              ·
              11 months ago

              I mean, you’re throwing out a lot of numbers claiming it is impossible, but we have logistics and resources that Australia didn’t in 1996. If Amazon can deliver 7.7 billion packages a year, and the US can count 150 million votes in a week during election season, we can figure out how to break down 400 million guns over a month, a year, or a decade. It doesn’t have to happen overnight. The “Australian plan” doesn’t have to work here, but getting guns off the street somehow does.

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                7
                ·
                11 months ago

                I guarantee you don’t want a private company like Amazon handling gun confiscation, public policy should not be up to private companies to enforce. Might as well ask people to drop off their guns at the local WalMart and ask untrained staff to deal with them. No good will come from it.

                Elections are a different deal because all you’re processing is bits of paper and data, you aren’t running the risk of, you know, explosive ordinance.

                Even if we had the logistics, which we don’t, there’s still the 2nd amendment to contend with. We can’t force people to give up their guns, that’s a right the Australians didn’t have.

                Repealing the 2nd Amendment can be done, but it starts with 290 votes in the House. You did watch the struggle it took to get the 217 they needed to elect their own leader, right?

                • User_4272894@lemmy.world
                  link
                  fedilink
                  arrow-up
                  9
                  ·
                  11 months ago

                  I didn’t suggest Amazon run the process. I just meant “logistics infrastructure exists on a scale unimaginable in 1996”. 600 million COVID doses given out in the US might have been a better comparison. Or 7.2 billion packages by USPS in 2022. There are 708k cops in the US. That’s 2 guns recovered per cop per month to have it done in 90 days.

                  There is literally no argument in the world where “the logistics make it impossible” is a reasonable claim.

                  Likewise, “we’ll never get 290 votes” is a lazy and cowardly claim. Yes, it’ll be hard. Yes, it’ll be a fight. Yes, we’ll have some minds that will be impossible to change. But your apparent argument in defense of gun rights seems to be “aww, jeez, it seems pretty tricky” which is truly mind boggling to me.

                  • jordanlund@lemmy.world
                    link
                    fedilink
                    arrow-up
                    1
                    arrow-down
                    1
                    ·
                    11 months ago

                    It’s not that it will be hard, it’s that this is the same body that took 22 days to build a simple majority to decide who their own leader is. 290 is out of reach.

                    That same speaker, BTW, has already said he won’t allow gun issues to come to the floor.

                    The Republicans will not vote for it, which is the majority. Some Democrats won’t vote for it either. It’s a dead issue.

        • blackn1ght@feddit.uk
          link
          fedilink
          arrow-up
          11
          arrow-down
          1
          ·
          11 months ago

          You guys put people on the moon in the 60s. You sure as hell can sort this out with enough will power and time. But instead all you offer are excuses.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            2
            ·
            11 months ago

            We haven’t been to the moon since 1972 and don’t even have our own shuttle program anymore. Our bridges and roads are falling apart, we have absolutely no plan for climate change, and this ass-hat is speaker of the House of Representatives:

            https://www.cbsnews.com/news/speaker-mike-johnson-legislation-house-agenda/

            But here’s the crux of the problem that folks outside the US don’t get:

            The right to own a gun is guaranteed in our founding document. It doesn’t matter if you agree it should be or not, it’s there and it’s been upheld by the Supreme Court multiple times.

            We could amend the Constitution again… but doing so starts in the House and takes 290 votes.

            They took 22 days to get a simple 217 vote majority to decide who their own Speaker would be, there’s no WAY they get 290 votes on removing the 2nd Amendment.

            But let’s say some miracle happens and we get 290, now it goes to the Senate where we need 67 votes. Same problem, the Senate is incapacitated by a minority who require 60 votes to do ANYTHING and that hasn’t been attainable.

            But lets say some billionaire swoops in and pays off enough people to get 67…

            Now it goes to the states for ratification and we need 38 states for it to become an amendment.

            Look at 2020 as a guide - Biden won 25 states + Washington D.C., Trump won 25 states.

            You would need all 25 Biden states to ratify + 13 Trump states. For every Biden state you lose, you need +1 Trump state.

            Take a look at the Trump states and count up 13 willing to give up their gun rights…

        • Woht24@lemmy.world
          link
          fedilink
          arrow-up
          2
          arrow-down
          4
          ·
          11 months ago

          I’m actually mostly on your side, I think the US is too far gone. If you took peoples guns off them in the US, I genuinely think there would be a or several small civil wars.

          Further a lot of people would just refuse, hide their guns etc.

          If the US actually tried to do what Australia did I think you’d actually see a drop in shootings etc but it would take 50-70 years to actually get through the majority of weapons ‘on the street’.

          But to say it’s logistically impossible is absolutely and completely wrong. It’s culturally near impossible.

          P.s. I’m Australian and our shooting crimes are going up, pistol numbers are going up too and we have the worst self defence laws. I wish I could have a loaded Glock and the right to shoot an intruder in my home honestly.

      • Garbanzo@lemmy.world
        link
        fedilink
        English
        arrow-up
        7
        arrow-down
        27
        ·
        11 months ago

        Our society just isn’t a society.

        Which is why I’d prefer to have a gun

      • Fal@yiffit.net
        link
        fedilink
        English
        arrow-up
        5
        arrow-down
        46
        ·
        11 months ago

        Australia cleaned up their act in response to mass tragedy. Our society just isn’t a society.

        Australia didn’t have a problem with mass shootings, then they had 1 mass shooting. They banned guns, and continued to not have problems with mass shootings. Doesn’t prove anything. In fact they have more guns now than they did pre-ban

        • Pogbom@lemmy.world
          link
          fedilink
          arrow-up
          25
          arrow-down
          2
          ·
          11 months ago

          The first result on google for ‘Australia gun ownership rates’:

          https://www.sydney.edu.au/news-opinion/news/2021/04/28/new-gun-ownership-figures-revealed-25-years-on-from-port-arthur.html

          -Australian civilians now own more than 3.5 million registered firearms, an average of four for each licensed gun owner.

          -The proportion of Australians who hold a gun licence has fallen by 48 percent since 1997.

          -The proportion of Australian households with a firearm has fallen by 75 percent in recent decades.

          -Data indicates that people who already own guns have bought more rather than an increase in new gun owners.

          And I don’t know much about their mass shooting history, but here’s an article explaining that homicides and suicides sharply declined after the ban:

          https://www.vox.com/2015/8/27/9212725/australia-buyback

          What they found is a decline in both suicide and homicide rates after the NFA. The average firearm suicide rate in Australia in the seven years after the bill declined by 57 percent compared with the seven years prior. The average firearm homicide rate went down by about 42 percent.

          • PwnTra1n@lemmy.world
            link
            fedilink
            English
            arrow-up
            12
            arrow-down
            2
            ·
            11 months ago

            also other countries take shooting to mass shooting more serious where here in murica they dont make the news with under 6 victims

    • Dkarma@lemmy.world
      link
      fedilink
      arrow-up
      4
      arrow-down
      1
      ·
      11 months ago

      Don’t forget the day before he killed people that this was “a good guy with a gun”

    • jennwiththesea@lemmy.world
      link
      fedilink
      arrow-up
      1
      arrow-down
      1
      ·
      11 months ago

      They need a red flag/extreme risk protection order (ERPO) law in their state, at the very least. If used, such a law could have prevented this. It’s one of the things that Moms Demand Action has been pushing for.

      • crashoverride@lemmy.world
        link
        fedilink
        arrow-up
        2
        arrow-down
        1
        ·
        11 months ago

        As soon as someone comes in with HI/SI that should trigger a response that removes all weapons from someone’s home, a 72 hr psych hold, and informs all immediate friends/family that they are not to be allowed near guns/knives. Period