Virginia Democrat Governor Tim Kaine just issued an executive order that retroactively takes away the gun freedoms of serial killer* Cho Seung-Hui, and any other Virginian who's been remanded to outpatient treatment.

It is shocking that we have a Governor who thinks he can take away someone's gun rights for life through an executive order.

This from the VCDL:

Earlier today, Governor Kaine signed an Executive Order (EO) prohibiting another category of people from owning firearms. Kaine's EO would take away gun rights for life of any person adjudicated dangerous, but only ordered to be treated as an OUTPATIENT. (Anyone who is committed as an inpatient currently loses their gun rights already.)

So, what's the problem?

1. Kaine's action is probably unconstitutional! If Kaine can just issue an Imperial Decree changing existing law without any debate from our elected representatives, why not just disband the General Assembly, if they aren't needed any more? :-(

The proper way to handle a situation like this is for the Governor to call a special session of the General Assembly to address this issue and ask the the General Assembly to modify the law.

2. His EO may appear to be a reasonable restriction because no one wants a violent, insane person to have a gun or any other weapon for that matter.

However, what judge in HIS right mind would allow a person who the judge KNOWS to be a danger to himself or to others to be sent home and allowed to do outpatient treatment?!? The judge should commit himself to inpatient treatment for doing such a thing! That's like sending serial murderer Jeffrey Dahmer back home but requiring him to attend weekly counseling sessions!

If a person is adjudicated dangerous to himself or others, he should be confined, NOT sent home!

So you might ask, why would there be ANY patients who were both dangerous AND ordered to do outpatient treatments?

Because the judge might believe that the person isn't really 'dangerous,' but the judge feels that the person does desperately need mental help and that the person wouldn't seek such help on his own. So the judge declares the person to be 'dangerous' so that the person can be forced to take the outpatient treatment.

Should a person who is not believed to be dangerous by a judge be banned from having guns for the rest of his life?

3. The Governor's edict is retroactive! Thus, if you were treated as an outpatient under a court order thirty years ago and have been fine ever since, you can now no longer BUY, OWN, or POSSESS any firearms. If you do you can be charged with a federal FELONY!

4. The Governor has falsely promised that gun rights could be restored. NOT true. There is no way to get your name off the federal list once Virginia has added you to it, even if you are now perfectly normal. You will be prohibited by federal law from buying or possessing a firearm for the rest of your life. And you may not even realize you are a 'prohibited' person, so when you attempt to purchase a firearm, you may be shocked when you are arrested for lying on the 4473, which is a FELONY.

5. Once you are on the federal mental defect list, you could lose more than your gun rights. Your security clearance could be at risk. Your job too.

6. According to the Washington Post, Attorney General McDonnell said, "We are still in a state of mourning, but now is the time for action." What he's really saying is that he's got to do something, anything, to make it look like the government is doing something. Just another "feel good" measure - and one embraced by Governor Kaine!

And talk about rushing to do something - Kaine JUST APPOINTED a commission to look at the mental health problem and make suggestions, but Kaine didn't even wait for the commission to meet! He just charged forward on his political hobbyhorse!