Thoughts on the Oregon shooting
Here is what I see. We have had two school shootings by individuals who suffered from Autism, Sandy Hook and now the Oregon College. Both shooters lived with their Moms. One mother was a school guidance counselor the other one is a nurse. Both mothers, in spite of knowing their children had other mental problems beyond simple autism kept firearms and ammunition in a location accessible to their child. There is nothing to be done about the Sandy Hook case because in that instance the boy was nice enough to murder his mother first before taking some guns and going to the school to shoot kids.However, in the case of Oregon, the mother is a nurse. She also has written many blogs going back a decade about her son having mental health issues and (on other websites) also that she and her son often go to the gun range and shoot together and how she has shopped for guns with her son and they live together and the house is full of readily accessible loaded weapons.
Then yesterday it came out that two years ago she told a co-worker that several times (i.e., at least twice) because her son sometimes refuses to take his prescribed medications and he grows much worse she has had to 'involuntarily commit him' to a mental health institution to get him stabilized.
Now at least 9 have been shot dead and another 9 wounded.
I see two already existent applicable Federal laws.
18 USC 371 Conspiracy = If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 USC 922 (g) (4) - (g) It shall be unlawful for any person—
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Penalty - (2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
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So to my thinking, the mother, by her own admissions, written blogs, and verbal statements to coworkers about knowing of the prior involuntary committing for mental health reasons of her son, should be charged as a willing co-conspirator in the violation of the Federal gun laws, in that she allowed her son to possess both constructively (by being in the home around her admittedly loaded and readily accessible) firearms, and actual possession every time she allowed him to handle hers at the firing range.
That the mental health facility mentioned by the Mom failed to provide law enforcement databases with knowledge of the prior involuntary commitment for mental health reasons, where such failure permitted the man to walk into a gun store and buy weaponry, I consider to be a separate issue. One which is quite possibly (since the Federal Health Privacy laws were amended to permit such notification after the Virginia Tech School shootings) a good basis for a wrongful death law suit against said mental health facility.
Comments (12)
I agree, but could also wish others had paid attention. We get that all the time here, mainly case-workers being charged with negligence for failing to act, but hindsight is wonderfully clear compared to the developing situation at the time.
My point is, the second the Mom learned her son was coming out of the mental health facility she herself had him committed to, she had zero business keeping guns in her house if he was going to be living there. She made a voluntary choice to open the house to him once he reached adulthood. What she did not have a legal right to do was to allow him ready access to her loaded firearms or any ammunition. Even the recent US Supreme Ct. decision on firearms, while agreeing a non felon person has a right to possess them says except when otherwise specifically prohibited by Federal law. A law she willingly broke. If I can and did meet that standard, I can not excuse her refusal to meet the same standard.
I edited which is why it is out of sequence..
Perhaps....we are seeing the power and importance of a loving relationship?
I've read your blog about a dozen times and I still can't think of things to say here
it's very tragic...I hope that's the last mass shooting we'll ever hear