Făkünamę wrote:It is very strange that a person may be denied their constitutional right to bear arms on the basis of past mental illness, but to conduct a psychological profile to determine if they pose a danger to themselves or others (the basis of disqualification for past mental illnesses I believe) before becoming a gun owner is said to be unconstitutional. Clearly there are provisos for denying this constitutional right in place, why must mental illness first be demonstrated for them to be exercised?
I don't think conducting a psychological test on prospective gun owners has been tested in court, likely because no one is proposing such a thing. So what I wrote is my speculation. But I do think courts have consistently found that having all Constitutional rights are the default status until a compelling reason is provided to deny them. Kind of an "innocent until proven guilty" thing, except it's "sane until proven insane" in this case.
Another question that would clearly arise from pre-testing owners is where to draw the line. Suppose you have a person who wants to buy a gun, but his test results put him just on the "deny" side of the line (where ever that is). He has no history of mental illness, no criminal record, and has been a productive member of society all his life. Can you deny him his Constitutional right to own a gun because of what you think he
might do? I don't know, but IMO such a program wouldn't be too hard to argue against in court.