U.S. Appeals Court Expands Gun Rights

 

 

 

” In the first legal ruling of its type, a federal appeals court in Cincinnati on Thursday deemed unconstitutional a federal law that kept a Michigan man who was briefly committed to a mental institution decades ago from owning a gun.

  A three-judge panel of the Sixth U.S. Circuit Court of Appeals unanimously ruled that the federal ban on gun ownership for anyone who has been “adjudicated as a mental defective or who has been committed to a mental institution” violated the Second Amendment rights of Clifford Charles Tyler, a 73-year-old Hillsdale County man.

“ 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,” wrote Judge Danny Boggs, an appointee of President Ronald Reagan, for the panel.

  Lucas McCarthy, Mr. Tyler’s lawyer, called the ruling “a forceful decision to protect Second Amendment rights,” and said he hoped it that it would have “a significant impact on the jurisprudence in the area of gun rights.” 

  Mr. Tyler recently attempted to buy a gun, but was denied on grounds that he had been committed by a court to a mental institution in 1986 after emotional problems associated with a divorce, Thursday’s opinion said. His commitment lasted less than a month.”

 

Wall Street Journal