Who is Crazy - Guns or People?

Do you feel like you are treading in dangerous waters by yourself?

 

Obama announced 23 executive actions on gun control, in addition to separately asking Congress to pass gun-control laws.

Obama asked Congress to pass laws that would:

• Require background checks on all gun sales.
• Restore a ban on "military-style assault weapons".
• Ban gun magazines with capacities of more than 10 rounds.
• Toughen penalties on people who sell guns to those who can't have them.

Question in Logic: What "crazy" buyer that fills out a background check form is "crazy" enough to put down he is "mentally crazy"?  ...Duh!

Obama's politically motivated "Quick-Fix" executive actions and gun laws absolutely do not address curbing gun violence. It is a "Mental Health" issues due to lax mental health laws, treatment programs and mental health hospitals.

In any year, millions of American adults have a serious mental illness-about five to seven percent of the adult US population, according to several nationally representative studies. The overlap in the populations that the corrections and mental health systems serve is significant: the US Department of Justice reported in 1999 that about 16 percent of the population in prison or jail has a serious mental illness. 

Note:  In 1955, state mental hospital populations peaked at a combined 559,000 people; in 1999, this number totaled fewer than 80,000. Liberal governmental policies have released too many mental patients back into the public sector putting the general population at growing risk and danger while making it nearly impossible to initially institutionalize them and commit them for treatment.

Frequently, the symptoms of mental illness contribute to individuals becoming involved with the criminal justice system in the first place and keep them incarcerated longer than other people. In addition, the stressful setting of a correctional facility can exacerbate mental illness and disrupt treatment.

Take a look at the "Gun Violence" done by "Pscho-Wackos":   

Jared L. Loughner - his parents had become so concerned about their son’s strange behavior in the previous months that they had taken away his shotgun, insisted he get psychological counseling and had even begun to disable his car so that he could not go out at night before Jared killed six people and wounded 13 others during a meet-and-greet event hosted by U.S. Representative Gabrielle Giffords shooting in Tucson, AZ, in January, 2011.

James E. Holmes - told his psychiatrist he was having homicidal thoughts and she concluded James could pose a danger to the public about a month before his Aurora, Colorado movie theater rampage left 12 dead and at least 70 injured in July, 2012.

Adam Lanza - his mother was actively seeking mental-health treatment for him - including involuntary commitment which enraged Adam citing comments by neighbors and clergy as he also became obsessed with Internet sites of the Oslo, Norway massacre in July, 2011.  Adam subsequently first shot and killed his mother at their house and then went on to his Sandy Hook School massacre in Connecticut where he killed 26 people, including 20 first-graders and taking his own life as police surrounded him in December, 2012.

Here, according to the White House, are the 23 executive actions that Obama and his administration will do:

1. "Issue a presidential memorandum to require federal agencies to make relevant data available to the federal background check system."

2. "Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, HIPAA, that may prevent states from making information available to the background check system."

3. "Improve incentives for states to share information with the background check system."

4. "Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks."

5. "Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun."

6. "Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers."

Fact:  Under proposed Obama Gun Laws, when a retailer, and now a private seller, sells or trades a gun, they must conduct background checks which may include any relevant or current information of a buyer's background (ie., reasons for purchase, observations or comments).  The private gun owner has now assumed a "subcontractors" role in the sales transaction.  Read below how the Health Insurance Portability and Accountability Act, HIPAA affects and treats "subcontractor" individuals:

A subcontractor(s) who "creates, receives, maintains, or transmits Protected Health Information on behalf of a Business Associate, is a HIPAA Business Associate" and therefore "on the hook" for compliance with applicable rules (e.g. in general: Breach Notification Rule, HIPAA Security Rule, HIPAA Privacy Rule, etc.). Comment: the "downstream" impact of this modification is SO SIGNIFICANT that it warrants its own follow-up newsletter article.

Business Associates are now directly liable under the HIPAA rules: (1) for impermissible uses and disclosures; (2) for failure to provide breach notification to the Covered Entity; (3) for failure to provide access of Electronic Protected Health Information either to the individual or the Covered Entity; (4) for failure to disclose Protected Health Information to the Secretary of Health; (5) for failure to provide an accounting of disclosures; AND (6) for failure to comply with the requirements of the HIPAA Security Rule. Comment: Business Associates and Covered Entities should clearly recognize that we are definitely "not in Kansas anymore." The implications of these changes have yet to be fully realized by the healthcare industry (understatement).

Fact: Under current HIPAA Laws: There are now three instances where an Authorization is required from an individual: (1) most uses and disclosures of psychotherapy notes; (2) uses and disclosures for marketing purposes; and (3) uses and disclosures that involve the sale of Protected Health Information.

The Obama Gun Laws will burden private gun owners with eligibility rules to conduct background checks on an individual seller's ability to purchase firearms. It further assumes that the seller must intimately become a part of the process as the middleman since alone the seller will serve notification of rejection the buyer. As many law-abiding people know, cars can kill.  Legal remedies have evolved so that many establishments and individuals are liable for drunk customers since they knowingly sold or provided them liquor. So now, how does the gun seller deem himself a trained healthcare diagnostician? How do victims legally hold a gun seller liable for buyers who appears to be normal? After all, 63% of the gun violent criminals in prison have mental health and alcohol problems. Or, what expected training does the seller have to handle reactions of buyers rejected based on their HIPAA psychotherapy records, especially if they are pschologically unbalanced?  

7. "Launch a national safe and responsible gun ownership campaign."

8. "Review safety standards for gun locks and gun safes (Consumer Product Safety Commission)."

9. "Issue a presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations."

10. "Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement."

11. "Nominate an ATF director."  Obama really wants to appoint a permanent director himself, not nominate one that's accountable to a Congressional hearing process subject to their approval. Politically, Obama wants to ram through his own gun rights agenda bypassing any congressional oversight. This is the same federal bureau, under Clinton's Attorney General Janet Reno, after the 1993 fatal siege of the Branch Davidian compound in Waco, Texas, that left 80 dead and conducted, under Obama's Attorney General Eric Holder, the failed Mexican gun-trafficking investigation that killed a U.S. border agent known as "Operation Fast and Furious.'' And Obama wants his own permanently appointed ATF Director? Hmm...

12. "Provide law enforcement, first responders, and school officials with proper training for active shooter situations."

13. "Maximize enforcement efforts to prevent gun violence and prosecute gun crime."

14. "Issue a presidential memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence."

15. "Direct the attorney general to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies."

16. Obamacare: "Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes."

17. HIPAA Laws: "Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities."

18. "Provide incentives for schools to hire school resource officers."

19. "Develop model emergency response plans for schools, houses of worship and institutions of higher education."

20. "Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover."

21. "Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges."

22. "Commit to finalizing mental health parity regulations."

23. "Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health."

mother was seeking mental-health treatment for him – perhaps including involuntary commitment. Experts say seeking treatment against someone's will is fraught with difficulties.