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

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 … Continue reading 6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments

Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment

Today, Judge John E. Jones, III. of the United States District Court for the Middle District of Pennsylvania held in Keyes, et al. v. Loretta Lynch, et al. that an individual, who was involuntarily committed on a single-isolated occasion, can successfully challenge a prohibition under 18 U.S.C. § 922(g)(4). In this case, both Mr. Keyes … Continue reading Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment

Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights

Yesterday, the Commonwealth Court issued a decision in PSP v. Slaughter, 858 C.D. 2015, where the court held that the Pennsylvania State Police ("PSP") can meet its burden, through circumstantial evidence, establishing that an individual is a prohibited from purchasing and possessing firearms due a putative involuntary commitment. While the factual background for this case … Continue reading Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights

One Flew Over the Cuckoo’s Nest…Or is Attempting To Legislate From It

On February 2, 2015 a bill was referred to the Judiciary Committee in the State House of Representatives that should have you worried. House Bill 285 was introduced by Representative W. Thomas (D.) of Philadelphia County. In his memorandum to House Members dated January 5, 2015, Representative Thomas stated that he planned to re-introduce legislation … Continue reading One Flew Over the Cuckoo’s Nest…Or is Attempting To Legislate From It

6th Circuit Court of Appeals Rules that an Involuntary Commitment is Insufficient for Stripping One of His/Her 2nd Amendment Rights

In a decision issued by the 6th Circuit Court of Appeals yesterday, the court found that it was unconstitutional to strip an individual of his 2nd Amendment rights when he had been involuntarily committed for less than a month after a devastating divorce some 28 years ago. This is a major victory for 2nd Amendment … Continue reading 6th Circuit Court of Appeals Rules that an Involuntary Commitment is Insufficient for Stripping One of His/Her 2nd Amendment Rights