Monday, May 08, 2023

a commenter on the 2A question as relates to the mentally ill

I saw this comment on Instapundit, written by a conservative, and decided to reproduce it here. The topic of whether the mentally ill have a right to bear arms is a fascinating one. Here's what the commenter has to say (lightly edited):

We need proper due-process procedures, legal and not merely administrative, that judge people as mentally unfit or non compos mentis. Such people, if determined to present a risk to themselves or others, should not be permitted to travel unsupervised. The problem is that, after Geraldo Rivera exposed conditions at Willowbrook in 1972, the state responded over the following 15 years by closing the large residential mental hospitals and lied about providing effective smaller but more expensive facilities. The mentally ill are now in subways in NYC or shanty camps in cities across America. The Left does register them to vote, and where [possible,] ballots are cast in their names. Their ranks have swollen in the last 40 years since Willowbrook closed, in part due to repeated waves of drugs such as methamphetamine and fentanyl. Persons who are incapable of caring for themselves or living independently should be humanely cared for. However, once they are determined to be mentally disabled, they should not be permitted to vote or exercise other rights such as the right to bear arms. For that reason, I reiterate that the determination must be made properly in a court of law to ensure that no person is improperly denied their rights.

So the above sounds like at least partial agreement with my own position, although the objections I noted earlier haven't really been addressed: (1) it's Orwellian for others to have access to my private psych profile, and (2) declaring someone mentally unfit is a procedure that's ripe for abuse, especially as a tactic to prevent proper gun ownership. I don't know the answers to these objections, but I continue to ponder the problem.

ADDENDUM (tangential) about the mentally ill: Headline:

Full footage reveals former Marine Daniel Penny putting Jordan Neely in 'recovery position,' passengers complimenting him

Full footage that emerged on social media this Sunday revealed that Marine Corps veteran Daniel Penny had placed Jordan Neely in a "recovery position" after subduing him on the New York City subway earlier this week.


Jordan Neely, a 30-year-old violent homeless man and repeat offender with over 40 prior arrests, died on Monday after Penny, 24, had placed him into a chokehold on the F train. Neely had reportedly started behaving erratically and showing aggression towards other passengers.


The unearthed full footage revealed passengers complimenting Penny for taking action. It also shows Penny and one other passenger arranging Neely's body in the "recovery position" in an attempt to ensure that he would be okay. A passenger off screen can be heard saying "he'll be alright." Neely appears to be moving late in the video.


[ ... ]


Penny had restrained Neely in a chokehold before he fell unconscious.


The former Marine was taken into custody following the incident, but was ultimately released.


New York's medical examiner determined that Jordan Neely died from "compression of neck" and stated that his death was the result of "homicide."

So as with George Floyd, there's a chance that Neely died of something other than neck compression, which could mean we're dealing with an incompetent or unethical medical examiner. Maybe Neely was hopped up on something, and the ME—perhaps out of a PC fear of repercussions from the left—decided not to mention that crucial fact. I suspect Penny is going to be arrested and charged with at least negligent homicide. I think the video footage will be enough to exonerate him in the end, but he's going to be dragged over the legal coals, perhaps leaving him to wonder whether his country was really worthy of his service.



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