this post was submitted on 28 Oct 2023
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[–] TransplantedSconie@lemm.ee 128 points 1 year ago (4 children)

Fuck all the people who saw the signs but did nothing.

This could have been avoided.

[–] Kalkaline@leminal.space 110 points 1 year ago (4 children)

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

[–] TransplantedSconie@lemm.ee 88 points 1 year ago

The moment he threatened a military base, he should have been locked up and getting treatment.

[–] jeffw@lemmy.world 9 points 1 year ago* (last edited 1 year ago) (5 children)

Already a law in Maine. They have a yellow flag law to stop this. We can’t go around knocking on every gun owner’s door and asking g if they hear voices.

https://legislature.maine.gov/statutes/34-B/title34-Bsec3862-A.html

[–] TransplantedSconie@lemm.ee 85 points 1 year ago (17 children)

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 17 points 1 year ago (7 children)

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 6 points 1 year ago (2 children)

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 3 points 1 year ago* (last edited 1 year ago) (3 children)

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]"

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[–] Brunbrun6766@lemmy.world 48 points 1 year ago (1 children)

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

[–] Semi-Hemi-Demigod@kbin.social 29 points 1 year ago (1 children)

The police don’t do shit when they hear children screaming and dying. They’re not gonna do shit about this.

[–] jordanlund@lemmy.world 5 points 1 year ago (1 children)

Here's the scariest Supreme Court decision you'll read today:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1525280/

"In a 7–2 opinion, the Supreme Court ruled that due process principles did not create a constitutional right to police protection, despite the existence of a court-issued restraining order."

[–] ZagamTheVile@lemmy.world 16 points 1 year ago (2 children)

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

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[–] Kalkaline@leminal.space 2 points 1 year 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.

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[–] AllonzeeLV@lemmy.world 69 points 1 year ago* (last edited 1 year ago) (31 children)

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.

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

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[–] Dkarma@lemmy.world 2 points 1 year ago

Don't forget the day before he killed people that this was "a good guy with a gun"

[–] jennwiththesea@lemmy.world 1 points 1 year ago (1 children)

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 2 points 1 year 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