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Background check failed to disqualify the buyer; AZ already has a law to prevent certain persons from buying a pistol. Society failed to identify Loughner as such.
Years previously: -Institutions, acquaintances, friends, and perhaps family did not intervene. And even if they were going to intervene, how, exactly, does one go about that? And anyway, the argument can certainly be made, compellingly, that mental health professionals can identify and perhaps treat, dangerous people; but what other of our rights do we need to convince mental health professionals that we should be allowed to exercise? A possibly unpleasant precedent to establish.
The untreated mental patient needed to see a psychiatrist, and his odd behavior in public failed, apparently, to generate an interaction with a mental health professional.
The good news is that eccentric people are free to be themselves- harmless- but mentally ill persons' behavior may not trigger treatment.
Which society is preferrable, one where government can place you into a mental health facility at will, or a society where it's possible, but not mandatory, for an 'odd' person to receive mental health care, even forcibly? In the latter case, friends, family and institutions should do... what? Is our freedom intact under the latter structure? Perhaps given due process of law, there is an answer to preserve the rights of the People and yet filter out ill persons...
I wouldn't want to entrust blanket commitment authority to government; there is bad precedent from Soviet and Eastern European history where political dissidents were forcibly 'treated' for 'mental illness.'
We pay some price to live as Free People. It is difficult to balance the rights of the individual against the peace of society, but the structure which preserves personal freedom likewise preserves social order: As Jefferson remarked, those who would give their freedom to achieve security deserve neither. A person deprived of freedom also embraces insecurity.
Cancellation of personal freedom is tremendously helpful for ominous political change toward authoritarinism and centralization of power away from The People.
Any system has failure conditions, tradeoffs, and outcomes predictable only within bands of possibilities. There is no way to prevent all bad outcomes; the best we can do is minimize frequency. And fundamental changes to the system parameters- the Bill of Rights- impose new, sweepingly bad outcome possibilities, I think far worse than that which such remedy is supposed to medicate.
All we have to do, in an atmoshpere of emotion, is kick apart our Bill of Rights to earn a chimera of security, perhaps for months or even a few years. And then, the deluge. We'll endure the same horrors that all persons deprived of personal freedom have endured, indeed must endure, throughout history. We are not special people, somehow immune to the worst abuses. They are ours for the asking- just not while we're free.
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