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New Federal Gun Ruling Goes to Senate for Vote

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In early February, the House voted to overturn a rule that would make it impossible for some mentally ill people to legally own firearms, according to the National Public Radio. The Obama administration rule now goes to the Republican-controlled Senate, where it is expected to pass. The overturning of this measure will make it possible for roughly 75,000 people deemed mentally ill by the Social Security Administration (SSA) to own firearms. When the rule was in place, the SSA was required to give records of some of their beneficiaries who had severe mental disabilities to the National Instant Criminal Background Check System of the Federal Bureau of Investigation.

In Favor of the House Decision: The NRA and ACLU

“The House charged ahead with an extreme, hastily written, one-sided measure that would make the American people less safe,” Rep. Elizabeth Esty, D-Conn said. While supporters, such as Rep. Esty, of the Obama background check rule cited examples of mentally ill people gunning down elementary school children such as the Sandy Hook shooting, those in favor of the House’s decision to do away with the rule argued that it infringed upon the rights granted by the Second Amendment. To no surprise, the National Rifle Association (NRA) fought for the repeal. However, even the American Civil LIberties Union (ACLU) claimed that the rule was unfair to the mentally ill: “We oppose this rule because it advances and reinforces the harmful stereotype that people with mental disabilities, a vast and diverse group of citizens, are violent.” Republican House Judiciary Chairman Bob Goodlatte said that the rule had unfairly assumed that, “simply because an individual suffers from a mental condition, that individual is unfit to exercise his or her Second Amendment rights.” He argued that, “This is a slap in the face for those in the disabled community because it paints all those who suffer from mental disorders with the same broad brush.”

People Prohibited From Possessing a Firearm in Florida

While federal laws may be lifted, it is still illegal for the following people to possess a gun in Florida, as per statute 790.23:

  • Non-citizens;
  • Under the age of 21;
  • Convicted felons;
  • Some chronic alcohol users;
  • Some who suffer from physical limitations;
  • Some who have used prohibited substances or been convicted of crimes involving prohibited substances; and
  • Some of those who have been charged with domestic violence or a restraining order.

Penalty for Concealed Carry Without License

Unlicensed carry of a concealed weapon in Florida is a felony. As per Florida statute 790.01, a person who carries a concealed firearm without a concealed carry permit is subject to a third degree felony charges, punishable by up to five years in prison and a fine of $5,000.

Call the West Palm Beach Attorney of Skier Law Today

No matter the gun charges you are currently facing, you need experienced legal counsel to fight for your freedom in court. Call the West Palm Beach criminal defense attorneys of Skier Law Firm today at 561-820-1508.

Resource:

npr.org/2017/02/02/513126985/house-votes-to-overturn-obama-rule-restricting-gun-sales-to-mentally-ill

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