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  • Click to view eddiecruz's profile
    Posted January 19, 2013 by
    eddiecruz
    Location
    Florida
    Assignment
    Assignment
    This iReport is part of an assignment:
    Gun control debate: Background checks

    More from eddiecruz

    Mentally ill & Armed

     

    There exist the 2nd amendment and the fourteenth amendment to the constitution of the United States of America:

     

    Second Amendment:

     

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

     

    Fourteenth Amendment:
    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

     

    The topic of mental illness as been a target in the gun control debate. Mental illness is a medical condition not a crime. All persons with a mental illness have the right to due process in a court of law. The gun control debate is being used to discriminate against the mentally ill by stigmatizing all mentally ill persons as "Crazy". This blanket form of discrimination label of mentally ill persons is against the law under the American disabilities act of 1990. There are approximately 20% of the American population who are mentally ill. None of the 20%those who are mentally ill are medically diagnosised as "Crazy". There are different levels of severity for the diagnosis of mental illness. The gun control debate is attempting to imply that a person with a mental illness in possession of a firearm will use the firearm to committ a crime. The gun control debate is violating the due process rights under the constitution of mentally ill persons by premediating a action of violence on all mentally ill persons which most mentally ill person are not comtemplating to committ just because they have a medical condition of mental illness. The logic of the gun control debate against all persons with a mental illness is a false argument. There are a small percentage of people within the mentally ill community who are violently dangerous but the non violent mentally ill people with the mentally ill communtiy are having their constitutional rights under the constitution of the United States of America violated. The fact is most crimes are committed by people who are not mentally ill. Every person who uses a firearm illegally does not automatically qualify as being mentally ill. Some "normal people" do committ crimes and Some "normal people" do plan illegal use of firearms. When the crime committed involves the use of a firearm and the crime committed is a unthinkable crime by use of a firearm the person or persons behind the criminal act is not neccessary mentally ill. To be mentally ill a person at the time of the crime has to know the difference between right and wrong. A mentally ill person has the capacity to know the difference between right and wrong. Mental illness is not a free pass to the plead of guilty by reason of insanity. The gun control debate is agruing mental illness is the same as legally insane. Since the mentally ill are not legally insane the gun control debate cannot be used to violate the due process of the mental ill. If the mentally ill are going to be targeted by gun control laws the administration of any legal restrictions on the mentally ill person must be administered by the courts of the law on a individual basis because of the rights under the fourteenth amendment for all mentally ill United States citizens. Mentally ill & Armed is a constitutional issue not a gun control debate platform of discrimination against the mentally ill.

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