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Gun Control & RKBA
Related: About this forumMan who was involuntarily committed 30 years ago might regain Second Amendment rights
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/15/man-who-was-involuntarily-committed-30-years-ago-might-regain-second-amendment-rights/September 15, 2016
This mornings 10-to-6 decision by the full U.S. Court of Appeals for the 6th Circuit, in Tyler v. Hillsdale County Sheriffs Department, concludes that people who were committed because of mental illness many years ago might regain their Second Amendment rights. Like last weeks 3rd Circuit decision related to the Second Amendment rights of people who had felony convictions decades ago, this is a narrow decision, but an important one.
1. Clifford Tyler, now age 74, was involuntarily committed thirty years ago following an emotional divorce, and stayed at the mental hospital for two to four weeks. He has since then apparently not had any mental-health problems. But federal law bans gun possession by anyone who has been committed to a mental institution, and Tyler remains covered by that.
From 1986 to 1992, such people could apply to the Justice Department for relief from such a disability, but in 1992 Congress defunded this program, noting that reviewing applications was a very difficult and subjective task which could have devastating consequences for innocent citizens if the wrong decision is made.' In 2008, Congress did give states a financial incentive to create state rights-restoration systems, and a state restoration would lift the federal disability. But while about 30 states have implemented such systems, Michigan, where Clifford Tyler lives, lacks such a system.
This mornings 10-to-6 decision by the full U.S. Court of Appeals for the 6th Circuit, in Tyler v. Hillsdale County Sheriffs Department, concludes that people who were committed because of mental illness many years ago might regain their Second Amendment rights. Like last weeks 3rd Circuit decision related to the Second Amendment rights of people who had felony convictions decades ago, this is a narrow decision, but an important one.
1. Clifford Tyler, now age 74, was involuntarily committed thirty years ago following an emotional divorce, and stayed at the mental hospital for two to four weeks. He has since then apparently not had any mental-health problems. But federal law bans gun possession by anyone who has been committed to a mental institution, and Tyler remains covered by that.
From 1986 to 1992, such people could apply to the Justice Department for relief from such a disability, but in 1992 Congress defunded this program, noting that reviewing applications was a very difficult and subjective task which could have devastating consequences for innocent citizens if the wrong decision is made.' In 2008, Congress did give states a financial incentive to create state rights-restoration systems, and a state restoration would lift the federal disability. But while about 30 states have implemented such systems, Michigan, where Clifford Tyler lives, lacks such a system.
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Man who was involuntarily committed 30 years ago might regain Second Amendment rights (Original Post)
discntnt_irny_srcsm
Feb 2017
OP
When it comes to a civil liberty like RKBA, I think that disqualification for any reason
petronius
Feb 2017
#4
gwheezie
(3,580 posts)1. You can already do that
At least in Virginia. You can appeal your commitment or have a temporary detention order vacated & restore your rights. You have to go to court. I don't know why this is news.
discntnt_irny_srcsm
(18,579 posts)2. From the OP:
In 2008, Congress did give states a financial incentive to create state rights-restoration systems, and a state restoration would lift the federal disability. But while about 30 states have implemented such systems, Michigan, where Clifford Tyler lives, lacks such a system.
Twenty states in the country leave their population with no means to reverse such a determination.
"If the price I must pay for my freedom is to acknowledge that the government was granted the power to infringe on them, then I am not free." - Poul Anderson
Marengo
(3,477 posts)3. Excellent!
petronius
(26,662 posts)4. When it comes to a civil liberty like RKBA, I think that disqualification for any reason
should come with a time limit. Maybe a long time limit for the extreme reasons, but there should be a point where the ban expires (or the state has to demonstrate why it should not expire in a specific case)...
discntnt_irny_srcsm
(18,579 posts)5. I'd be okay with a hearing...
...set for such a date for a time equal to the maximum prison time for the infraction or 10 years in the case of other disqualifying events where the state is burdened with producing evidence for a continued restriction.
Eleanors38
(18,318 posts)6. What? Due process? Why, I never.... NT