General Discussion
In reply to the discussion: The Liberal Gun Club: We support Fix NICS [View all]SunSeeker
(51,787 posts)No, its not the same as the terrorist watch list. I said up the thread that before the diagnosis would be posted in NICS the patient would have notice and an opportunity to dispute the diagnosis. This can be done administratively, so that it does not require the person getting a lawyer and can be done quickly. Administrative appeals provide due process and are quick and much cheaper than litigation. But if the patient is not satisfied with the administrative appeal, then he or she can appeal to a local Court. This sort of process has been upheld as constitutional in many contexts and it would be in this one as well.
I have no idea what you mean by only by court order and apparently neither do you. It is now apparent you do want the mentally ill buying guns and you are just playing games with me, posting movie clips.
You won't answer my question about who the parties would be in such litigation. You do not appear to know what you were talking about. A court order can only be obtained where the court has jurisdiction and you do not say how the court would have jurisdiction in this situation. A doctor would not ever file a lawsuit to report a patient. That would just not happen because such a requirement would be an insurmountably onerous burden to reporting. Hell, we can't even get everyone to report criminal convictions and mental incapacity adjudications to NICS, which is pretty easy.