FPC Announces Another Gun Rights Victory in Federal Court

By AmmoLand Editor Duncan Johnson

U.S.A. –-(Ammoland.com)- Firearms Policy Coalition (FPC) announced today an important victory in the federal Second Amendment lawsuit Wilborn v. Attorney General William Barr, et al. The Court’s order granting summary judgment to Mr. Wilborn can be downloaded at https://www.firearmspolicy.org/legal.

The case, which challenged a ban on gun possession that the federal government was imposing against the plaintiff and other individuals under 18 U.S.C. § 922(g)(4), was brought by attorneys Joshua Prince and Adam Kraut, FPC’s Director of Legal Strategy.

“Section 302 of [Pennsylvania’s Mental Health Procedures Act, or “MHPA”] does not meet 18 U.S.C. § 922(g)(4)’s permanent restriction on an individual’s ability to acquire, possess, or use a firearm,” the Court held. “While Section 302 . . . may be enough to justify an involuntary examination and treatment, the nature of [] its non-adversarial ex parte procedure without notice, or opportunity to present evidence, does not constitute an ‘adjudication’ under Section 922(g)(4); nor does Section 302’s 120-hour maximum ‘involuntary emergency examination and treatment’ constitute a ‘commitment to a mental institution’ under Section 922(g)(4).”

Ex parte proceedings, where usually only one side is present or heard by a court, are a major issue in the current nationwide …Read the Rest

Source:: AmmoLand