So I think most believe the mentally ill and firearms are a bad mix. So I am curious about your opinions, and at what step (if any) in the process, should law enforcement be allowed to take a firearm?
STEP 1 The hardest step. When friends, family or neighbors call authorities, and report, this MIP (Mentally Ill Person) is sick and may be a danger. From the time LEO's are in the academy, most are trained to ask those same two old questions. If s MIP answers "no" to each, and is not displaying any anger or aggression, even though the officers may see the person is not right, they will not go any further.
STEP 2 The police have witnessed anger and or aggression, maybe suicidal behavior and believe the MIP is a danger. They will take the MIP for a mental illness evaluation. Most likely this will be against there will, and possibly no crime has been committed. The MIP will be taken to a mental health facility or a local hospital who will then transfer them to a mental health facility if the ER doctor deems it necessary. Sometimes the ER doctor might kick them loose, determining that the MIP is not a danger to themselves or anyone else, even if they determine the person is indeed mentally ill. Keep in mind the MIP may not have committed any crime at this point, is it Constitutional to take them against their will to be evaluated?
STEP 3 If the physician in the mental illness facility deems the person is a danger to themselves or others, even though the MIP claims they are not, the MIP may be placed on a 5150, a three day hold. Keep in mind, no crime has been committed. On this 72 hour hold, the MIP pay not have medications forced upon them, if they do not desire medication.
STEP 4 Now at the end of the 72 hours, the person in charge of the MIP's care, must determine whether or not to release the MIP, or take it to the next level, to petition a judge for a 5250, which allows the mental facility to keep the MIP an additional two weeks against their will. At this point remember, no crime has been committed, medical illness professionals are using only opinion to hold the MIP. After a judge issues a 5250, the MIP is still not mandated to take any type of drugs they don't wish to, it can only be advised during their two week hold.
STEP 5, usually after the 5250 is completed, the MIP is released unless they have demonstrated acts of severe anger or violence. All through the five steps, the MIP can reject all advised medications. They may go out the front door in the exact same shape as they came in the door.
So during any of the described steps, would it be OK in your eyes to confiscate guns? Should it be determined by the judge petitioned for the 5250, the mental illness professional upon release, or would you say at no point should authorities be enabled to confiscate firearms?
Throughout the whole debate, it is always said, what do these shootings have in common? Well, most shooters are mentally ill, and have been seen as such by friends, neighbors or family, and yet nothing was done about it. So society and the courts have deemed nobody can be forced to take medications, we all see the sick people who are around our personal circle, so is there ever any appropriate time to disarm them?
