6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Comm

[PAMedic=F|A=]

6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments
Posted by Joshua Prince, Esq.
As our readers are aware, in July, I was successful in arguing in Keyes, et al. v. Lynch, et al., before the Middle District of Pennsylvania that a life long prohibition on an individual as a result of a single, isolated mental health commitment violated his Second Amendment rights, as-applied to him. Today, the 6th Circuit Court of Appeals has issued a decision in Tyler v. Hillsdale County Sheriff’s Dept., et al., acknowledging the same.

The 6th Circuit agreed with an argument that I made in Keyes that the Heller Court’s pronouncement that it was not casting doubt on the ability of the Congress to limit possession of firearms to “the mentally ill” was specific to those who are currently mentally ill, as opposed to those who might, at one time, have a bout of depression or decompression.

As the U.S. Government has now appealed Keyes to the Third Circuit, even after the Binderup/Suarez decision, we expect that the Third Circuit will rule identically to the 6th Circuit and affirm the Middle District’s decision.

https://blog.princelaw.com/2016/09/1...h-commitments/


Comments?

[middlefinger]

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Awesome

[rckeystone]

A bit of good news for a change

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[Sgt.K]

... we expect that the Third Circuit will rule identically to the 6th Circuit and affirm the Middle District’s decision...

Didn't the 3rd Circuit decide they can ignore FOPA in Newark?

I don't *expect* anything positive from the 3rd, though I will certainly welcome it...

My 2¢