Author Topic: Sixth Circuit: mental health gun ban is unconstitutional  (Read 4515 times)

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Offline Xpiatio

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Sixth Circuit: mental health gun ban is unconstitutional
« on: December 19, 2014, 09:14:10 PM »
Judge Danny Boggs wrote the majority opinion for the panel: “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.”

http://www.breitbart.com/big-government/2014/12/19/sixth-circuit-mental-health-gun-ban-is-unconstitutional/

The U.S. Court of Appeals for the Sixth Circuit reviews appeals from the federal district courts in Kentucky, Michigan, Ohio and Tennessee, and from the U.S. Tax Court and certain federal administrative agencies where the non-governmental parties are from the states that make up the Sixth Circuit.

Offline CitizensHaveRights

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Re: Sixth Circuit: mental health gun ban is unconstitutional
« Reply #1 on: December 20, 2014, 09:42:21 AM »
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-rights

Judge 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.”
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?