Posted on 09/25/2016 4:39:16 AM PDT by marktwain
In May of 2012, Clifford Charles Tyler filed a suit to regain his Second Amendment rights, which had been improperly withheld from him when he attempted to buy a firearm. When he attempted to purchase a firearm, he had been denied because he had been involuntarily committed 28 years before. The District Court dismissed the lawsuit on January 29, 2013. Tyler appealed to the Sixth Circuit. A three judge panel of the Sixth Circuit ruled the provision unconstitutional in December of 2014.
The Obama administration found the case important enough that they asked for, and got, an en banc review.
The entire Sixth Circuit has reheard the case. On Friday, 15 September, 2016, 10 of the Circuit's 15 judges concurred and upheld the initial ruling. . From courthousenews.com:
CINCINNATI (CN) A person involuntarily committed to a mental-health facility is not permanently barred from owning a gun, a divided en banc Sixth Circuit ruled Thursday.From the decision(pdf):
The Cincinnati-based appeals court overturned a lower court decision and ruled that "prior involuntary commitment is not coextensive with current mental illness," but that "intermediate scrutiny" should be applied on a case-by-case basis.
The en banc decision comes nearly a year after oral arguments in Tyler v. Hillsdale County Sheriff's Department, et al., with 10 of the Sixth Circuit judges concurring with the lead opinion written by Judge Julia Smith Gibbons.
The district court dismissed Tylers suit for failure to state a claim, reasoning that Hellers statement regarding presumptively lawful prohibitions on the mentally ill foreclosed such claims. The court also observed that § 922(g)(4) would survive intermediate scrutiny. Unlike the district court, we do not understand Hellers pronouncement about presumptively lawful prohibitions to insulate § 922(g)(4) from constitutional scrutiny nor do we believe that on the record as it currently stands the government has carried its burden to show that § 922(g)(4)s permanent ban is substantially related to the governments important interests in reducing crime and preventing suicide. Because Tylers complaint states a valid claim under the Second Amendment, we reverse and remand.This is an important case that shows that Second Amendment rights are to be treated seriously, and a lifetime ban of a fundamental right is an action that is not to be implemented in a frivolous fashion.
The 2nd Amendment guarantees a FUNDAMENTAL right, yet strict scrutiny is almost NEVER applied in such cases as it would almost invariably secure an American citizen the right to keep and bear arms.
Strict scrutiny applies to EVERY other constitutionally guaranteed right, but NOT to the 2nd Amendment.
This would be unf***in’ believable if it weren’t so friggin’ believable.
That is exactly what I meant.
Nothing trumps the constitution, no pun intended. The ruling elitists of CA have stolen that constitutional right. That ruling class, state or federal should be seen as thieves.
Appeals court upholds ban on gun sales to medical marijuana card holders
I understand and agree with everything you said but when I look back at it, I can’t help but wonder if you wish - if only I’d kept it in my pants.
Good news. Thanks for posting this.
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