The Parkland high school mass murderer appears to have been a prohibited person, unable to lawfully purchase firearms, who was never reported to NICS.
Yes, I know; you’re enjoying your dance in the blood of the Parkland innocents. This looks like the perfect time to call for more restrictions on rights because people are upset. You think this one proves people can’t be trusted, and more laws will fix everything.
After all, who really needs a gun when the government is there to protect you, eh?
I’ve already discussed why you shouldn’t be targeting the tens of millions who didn’t do it. But I know those innocent millions are exactly who you’re afraid of (“Gee, what do they want to do to us, that they need us unarmed?” he wondered rhetorically.)
And NO. Genocide and ethnic cleansing really wouldn’t go down the way you hope. Drop it.
So let’s look at all the legal loopholes that need plugging; the ones you pretend allowed the Parkland horror to happen. Let’s see how well government protected those students and faculty.
- He had been suspended from school multiple times for violence, acts of destruction, and weapons violations; incidents going back at least as far as the seventh grade. He was apparently never arrested.
- Law enforcement was called to his home 39 times in seven years, for threats, harassment, vandalism, and window-peeping. He was apparently never arrested.
- He was expelled from school for another act of violence. He was apparently never arrested.
Offhand, I’d say the first few dozen failures here were not “weak” gun laws. I’m looking at law enforcement and the school system. That probably explains why both the sheriff and school superintendent are trying to deflect attention by screaming for… Yeah, more gun control laws.
But wait! as the commercial narrator said. There’s more.
The Sun-Sentinel obtained a Department of Children & Familes (DCF) investigative report from September 2016 after the murderer-to-be cut himself on Snapchat.
“Mr. Cruz has fresh cuts on both his arms. Mr. Cruz stated he plans to go out and buy a gun. It is unknown what he is buying the gun for,” the DCF report reads.
But that didn’t really raise any red flags. Of course not. Why worry about a violent and self destructive guy getting a gun?
[The shooter’s mother] said her son did not have a firearm. She said she had confiscated his air gun because he didn’t follow house rules about only shooting it “within the backyard and at targets.”
And the little fact that his mother didn’t even trust him with an airgun still didn’t raise eyebrows.
Apparently DCF joins the line of government agencies getting paid to protect and declining to bother. Maybe Florida taxpayers should skip paying and just burn the government’s “share” for heat; less administrative overhead, and they’d get something for it.
But here’s where things get interesting. The investigation by DCF came after chumboy turned eighteen, after he became a legal adult, after he normally wouldn’t be under their jurisdiction. Why?
Cruz came under DCF’s supervision and care because he was classified as a vulnerable adult due to mental illness.
How does one go about getting “classified” as a “vulnerable adult” in Florida? Does some concerned citizen merely call DCF, who immediately declares him such?
Well, they can in certain emergency situations. Even though the cutting was done, that might count…
…but they came out to investigate because he was already a “vulnerable adult.”
Let me tell you how one gets classed as a “vulnerable adult” in Florida:
If the department has reasonable cause to believe that a vulnerable adult or a vulnerable adult in need of services is being abused, neglected, or exploited and is in need of protective services but lacks the capacity to consent to protective services, the department shall petition the court for an order authorizing the provision of protective services.
Petition the court? And how does that work?
1. The court shall set the case for hearing within 14 days after the filing of the petition. The vulnerable adult and any person given notice of the filing of the petition have the right to be present at the hearing. The department must make reasonable efforts to ensure the presence of the vulnerable adult at the hearing.
2. The vulnerable adult has the right to be represented by legal counsel at the hearing. The court shall appoint legal counsel to represent a vulnerable adult who is without legal representation.
A hearing before a judge, with advance notice, and legal representation. Remember those; it’s important.
(d) Hearing findings.–If at the hearing the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and lacks the capacity to consent, the court may issue an order authorizing the provision of protective services.
Apparently a judge adjudicated the asshole to be mentally incompetent due to mental illness. TZP members saw where this was going some paragraphs back. I’ll explain for similarly mentally incompetent media types and other victim disarmers.
18 U.S. Code § 922
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(4) has been adjudicated as a mental defective or has been committed to any mental institution
So A. Fishbait was a prohibited person, unable to lawfully possess a firearm. To be a client of DCF he had to be to be mentally deficient.
So why wasn’t he reported to NICS, which could then have denied his rifle purchase? Did Florida simply not know about The NICS Improvement Amendments Act of 2007?
The NIAA was enacted in the wake of the April 2007 shooting tragedy at Virginia Tech. The Virginia Tech shooter was able to purchase firearms from an FFL because information about his prohibiting mental health history was not available to the NICS, and the system was therefore unable to deny the transfer of the firearms used in the shootings. The NIAA seeks to address the gap in information available to NICS about such prohibiting mental health adjudications and commitments and other prohibiting backgrounds. Filling these information gaps will better enable the system to operate as intended, to keep guns out of the hands of persons prohibited by federal or state law from receiving or possessing firearms.
In case you media and other rights violators have forgotten, another bucket of chum was able to kill 32 people and wound 17 more (at a school) because Virginia authorities neglected to report him. NIAA fixed that “loophole” that let governments screw up.
We don’t need more human/civil rights-violating laws. No “assault weapons” bans. No licensing, registrations, “improved” preemptively-prove-your-innocence prior restraints.
We need the schools, cops, DCF, and whoever the heck was responsible for reporting to do the freaking jobs they’re sucking taxpayer money to currently not do.
Let’s close the government “I’m too lazy to bother” loophole. Then the FBI’s “What? Multiple credible reports of a named threat? I’m too busy going to Starbucks” loophole — which likewise needs to be closed by closing the FBI — wouldn’t have mattered either.
Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!