More commentary:
His rights under the federal Constitution are not dependent upon whether the State of Michigan has entered into an agreement with the feral government to add information on citizens to the NICS database.
http://www.examiner.com/article/unconstitutional-fed-gun-ban-for-mentally-ill-violates-man-s-2a-rightsJudge Boggs’ 46-page ruling also discussed how relief from disabilities provisions in the law became something of a “Catch-22” for Tyler. In 2008, Congress – using a “carrot-and-stick” approach – offered grant funding to states to voluntarily launch their own programs as an incentive to update and improve their information sharing with the NICS system. But Tyler’s home state of Michigan did not set up such a program.
“Under this scheme,” Judge Boggs observed, “whether Tyler may exercise his right to bear arms depends on whether his state of residence has chosen to accept the carrot of federal grant money and has implemented a relief program. His right thus would turn on whether his state has taken Congress’s inducement to cooperate with federal authorities in order to avoid losing anti-crime funding. An individual’s ability to exercise a ‘fundamental righ[t] necessary to our system of ordered liberty,’ cannot turn on such a distinction.”
