Third Circuit Rules Permanent Gun Ban from an Involuntary Commitment is Unconstitutio

By Dean Weingarten

By Dean Weingarten

Arizona – -(Ammoland.com)- In May of 2012, Clifford Charles Tyler filed a suit to regain his Second Amendment rights, which had been improperly withheld from him when he attempted to buy a firearm. When he attempted to purchase a firearm, he had been denied because he had been involuntarily committed 28 years before. The District Court dismissed the lawsuit on January 29, 2013. Tyler appealed to the Sixth Circuit. A three judge panel of the Sixth Circuit ruled the provision unconstitutional in December of 2014.

The Obama administration found the case important enough that they asked for, and got, an en banc review.

The entire Sixth Circuit has reheard the case. On Friday, 15 September, 2016, 10 of the Circuit’s 15 judges concurred and upheld the initial ruling. . From courthousenews.com:

CINCINNATI (CN) — A person involuntarily committed to a mental-health facility is not permanently barred from owning a gun, a divided en banc Sixth Circuit ruled Thursday.
The Cincinnati-based appeals court overturned a lower court decision and ruled that “prior involuntary commitment is not coextensive with current mental illness,” but that “intermediate scrutiny” should be applied …Read the Rest

Source:: AmmoLand