doctors cannot ask about guns

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StSapphire said:
I would caution against the "if you didn't do anything wrong you don't have to worry mentality" that may or may not be unconsciously seeping through here. We do have constitutional protections against unwarranted search and seizure, so any sort of excessive or unnecessary searches/checks shouldn't be allowed.

Not that this case actually is an example of that, but that argument is a pet peeve of mine.
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I see your point. But, for me to need to worry about my gun ownership showing up on a BCI check is really of no concern to me. It hasn't caused a problem for me yet, and I have had many more than one done.
 
StSapphire said:
I'm familiar with HIPAA laws, and I looked at all the links you've supplied so far. The only documentation you've provided indicating that your state has any access to medical history is the mental health form release that you posted. And that form specifically only includes information on if you've been admitted, committed or treated for a mental disorder at various locations that I'm too lazy to go back and look at again. That's it. So if you've never been admitted/committed/treated for mental disorders, then (unless there's some other forms authorizing release of other records, which you've not linked to) the police are not legally allowed to have access to any medical records in regards to you.
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Like I said - it works only on paper but in reality... it doesn't.

Example - Brian Aitken

Brian Aitken, New Jersey Gun Charge Commuted by Gov. Chris Christie - ABC News
A New Jersey man serving seven years in prison for
possessing two legally-owned guns, disassembled
and in the trunk of his car while moving residences,
has had his sentence commuted.

Brian Aitken, 25, a successful media consultant, had
been in the process of selling his home in Colorado
and moving to a suburban New Jersey apartment to be
closer to his son, 2, when he was arrested in a
bizarre sequence of events.

His lawyers had called the subsequent trial and
conviction the "perfect storm of injustice."

Thousands of gun owners across the country rallied
to Aitken's cause, with more than 15,000 joining
Facebook support group calling for his release.

Gov. Chris Christie signed an order Monday night
that commuted Aitken's sentence to time served.

"I am shell shocked," said Aitken's father, Larry, who
was at the prison awaiting Brian's release later today.
"The commutation is purely the governor saying how
ridiculous this sentence is and it ends now."

"This wasn't just about gun rights, this was about a
fair trial. And this really was a gross injustice," said
Aitken's attorney, Evan Napper.

Joel Bewley, a spokesman for the Burlington County
Prosecutor's Office which brought the case, declined
to comment on the commuted sentence.

Aitken's ordeal began on Jan. 3, 2009, when he
confided in his mother during a moment of emotional
distress at home that life wasn't worth living.

He stormed out of his parent's suburban home,
hopped into his car filled with belongings and drove
off, according to accounts provided by Napper and
Larry Aitken.

Brian's mother, a social worker trained to be sensitive
to suicidal indicators, instinctively dialed 911 but
abruptly hung up, second-guessing her reaction. But
police tracked the call, came to the home and greeted
Brian when he returned to make sure he was OK.

Then they asked to search his car.

Buried in the trunk, beneath piles of clothes and
boxes of dishes, was a black duffle bag holding a
boot box containing two handguns; "unloaded,
disassembled, cleaned and wrapped in a cloth," his
father said.

There were also several large-capacity magazines and
cartons of hollow-point bullets.

Aitken had legally purchased the guns at a Denver
sporting goods store two years earlier, he said.

But transporting a gun without a special permit or in
a handful of exempt situations is illegal in New
Jersey, giving officers no choice but to arrest Aitken
and charge him with a crime. The magazines and
bullets are also illegal in the state, experts said.

Aitken and his family believed the incident was a fluke
because the weapons were disassembled and locked
in the trunk, Aitken had cleared FBI background
checks and even inquired about gun laws in New
Jersey so he could be in compliance after the move.

"For quite some time I was pretty confident as soon as
intelligent people with logical minds took a look at
what happened they might slap him with a fine or something," Aitken's father Larry said. "When the
prosecutor came down with an indictment, I was
dumbfounded."

But after a two and a half day trial in August, a jury
convicted Aitken of the charges and a judge
sentenced him to seven years in prison.
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Mind you - NJ Governor commuted his sentence... meaning Brian is a felon. a criminal. His gun rights stripped away. Governor did not pardoned him. :mad:
 
jillio said:
I see your point. But, for me to need to worry about my gun ownership showing up on a BCI check is really of no concern to me. It hasn't caused a problem for me yet, and I have had many more than one done.
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your son is already grown up :)
 
Jiro said:
because she is doctor. I don't resort to name-calling to grab her attention.
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Well, you did call her doc to grab her attention.

See how ridiculous this is getting? That's because it is.
 
jillio said:
How in the hell is discussing gun safety with a patient going to prevent anyone from protecting their family? You just are not making sense, Jiro.
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a mark in the file. don't bother replying to this because it will be another 100 posts :)

jillio said:
And speaking of intruders, a gun in the home is several times more likely to injure or kill a member of the family than an intruder.
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not in my home :)
 
Banjo said:
*eating a carrot* Not much, you?
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You wascally wabbit! I'll get you! Wait, I thought I was... :|

jillio said:
I see your point. But, for me to need to worry about my gun ownership showing up on a BCI check is really of no concern to me. It hasn't caused a problem for me yet, and I have had many more than one done.
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Right, I wasn't saying that in response to your specific background check. Just wanted to head that particular argument off ahead of time. ;)

Jiro said:
Like I said - it works only on paper but in reality... it doesn't.

Example - Brian Aitken

Brian Aitken, New Jersey Gun Charge Commuted by Gov. Chris Christie - ABC News


Mind you - NJ Governor commuted his sentence... meaning Brian is a felon. a criminal. His gun rights stripped away. Governor did not pardoned him. :mad:
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1) That has nothing whatsoever to do with anything else we've been talking about.

2) Sounds like he got royally fucked over. Get a better lawyer, and run it up the court system til someone fixes it. Or get the laws rewritten if that's an issue so that his situation is no longer technically illegal.
 
Jiro said:
Like I said - it works only on paper but in reality... it doesn't.

Example - Brian Aitken

Brian Aitken, New Jersey Gun Charge Commuted by Gov. Chris Christie - ABC News


Mind you - NJ Governor commuted his sentence... meaning Brian is a felon. a criminal. His gun rights stripped away. Governor did not pardoned him. :mad:
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Rapists get falsely convicted and are released after 25 or more years in prison all the time since we now have DNA. What is your point? That the criminal justice system makes mistakes? We all know that happens.
 
Banjo said:
Well, you did call her doc to grab her attention.

See how ridiculous this is getting? That's because it is.
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"doc" is a respectful address.
"dim wit" is not.
 
jillio said:
Rapists get falsely convicted and are released after 25 or more years in prison all the time since we now have DNA. What is your point? That the criminal justice system makes mistakes? We all know that happens.
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now you understand that NJ will find anything to deny one of gun rights.
 
StSapphire said:
1) That has nothing whatsoever to do with anything else we've been talking about.

2) Sounds like he got royally fucked over. Get a better lawyer, and run it up the court system til someone fixes it. Or get the laws rewritten if that's an issue so that his situation is no longer technically illegal.
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see Post #644
 
Folks, I'm outta here. Got an early day tomorrow, and I have to remember to ask all my clients if they have guns and mark it in their file!:lol:
 
jillio said:
Folks, I'm outta here. Got an early day tomorrow, and I have to remember to ask all my clients if they have guns and mark it in their file!:lol:
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"don't mark me, bro!"

good nite, doc :)
 
Jiro said:
a mark in the file. don't bother replying to this because it will be another 100 posts :)
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See the following:
188471_10100162611018692_68101788_47167233_3744986_n.jpg


You risk violating item #2. Please advise.
 
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