A 4-year-old Detroit girl is in critical condition after being shot in the arm and leg. Her mother is in custody: first she said that her daughter was wounded in an attempted robbery, then she admitted that her gun went off accidentally while she was cleaning it.
Now, this ethics quiz is based on the facts as the mother stated them. According to the reports, there are many reasons to doubt what she is now claiming—for example, police say the girl’s mother said the firearm was inside the apartment, but they did not find any gun there after getting a warrant and searching. But let’s assume, arguendo, as lawyers say, that she is telling the truth. Let’s also assume that she isn’t crazy or a drug addict.
According to the ATF, these are the conditions under which a citizen can lose the Second Amendment Right To Bear Arms:
A person who —
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing
at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition,is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.
[18 U.S.C. 922(g) and (n); 27 CFR 478.32]
None of these include irresponsible custodians of children who seriously injure a child by irresponsibly exposing them to firearms and displaying total ignorance in the care and handling of the weapon.
Your Ethics Alarms Ethics Quiz of the Day is…
Is the conduct like the mother in Detroit admits to a justifiable reason to remove her Second Amendment rights?
My position? She should lose custody of her child AND her right to own a gun. Permanently. Remember, according to her, she was cleaning the gun improperly, shot her daughter, continued to clean the gun improperly, and shot her again. One cannot be a more irresponsible parent or gun owner than that.
Why aren’t there provisions in the law to properly deal with a gun owner so untrustworthy?