12/19/2014

U.S. Appeals Court says that just because you once had a mental illness problem doesn't allow government to ban you for life from owning guns

The risk of violence from people with mental illness is extremely low to begin with, but if the risk is low even when people are suffering a mental illness, why ban them for ever from owning a gun, even after they are cured?  From the Wall Street Journal:
In the first legal ruling of its type, a federal appeals court in Cincinnati on Thursday deemed unconstitutional a federal law that kept a Michigan man who was briefly committed to a mental institution decades ago from owning a gun. 
A three-judge panel of the Sixth U.S. Circuit Court of Appeals unanimously ruled that the federal ban on gun ownership for anyone who has been “adjudicated as a mental defective or who has been committed to a mental institution” violated the Second Amendment rights of Clifford Charles Tyler, a 73-year-old Hillsdale County man. 
“The government’s interest in keeping firearms out of the hands of the mentally ill is not sufficiently related to depriving the mentally healthy, who had a distant episode of commitment, of their constitutional rights,” wrote Judge Danny Boggs, an appointee of President Ronald Reagan, for the panel. 
Lucas McCarthy, Mr. Tyler’s lawyer, called the ruling “a forceful decision to protect Second Amendment rights,” and said he hoped it that it would have “a significant impact on the jurisprudence in the area of gun rights.” . . .

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