Duy MAI V. UNITED STATES Involuntary Commitment Prohibition Upheld by Ninth Circuit

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    The Ninth Circuit has just found that it is permissible to permanently take away someone's Second Amendment rights if they were involuntarily committed.

    The panel affirmed the district court’s dismissal of a42 U.S.C. § 1983 complaint containing an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(4), which prohibits plaintiff from possessing firearms due to his involuntary commitment in 1999 to a mental institution for more than nine months after a Washington state court found plaintiff to be both mentally ill and dangerous

    The conclusion does not even make sense.

    We emphasize that we reach only Plaintiff’s Second Amendment challenge and that our holding is limited to§ 922(g)(4)’s prohibition on those who have “been committed to a mental institution.” We emphatically do not subscribe to the notion that “once mentally ill, always so.” We accept, as we must and as we have no reason to doubt, that Plaintiff isno longer mentally ill. We decide only that § 922(g)(4)’s application to him withstands Second Amendment scrutiny

    okay if the guy is no longer mentally ill then why is he prohibited?

    https://www.scribd.com/document/451...inth-Circuit-2a-Involuntary-Mental-Commitment
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    If you want a decision overturned, this is how you get a decision overturned.

    Of course, gun is bad and ANY reason to deny is acceptable, 'cause gun is bad.

    If SCOTUS takes the cert.
     

    Steel Hunter

    Active Member
    Nov 10, 2019
    548
    So if you yell fire, does that mean your first amendment right can be permanently taken away too? Wtf is wrong with people. This ruling is outright dangerous to constitutional rights in general guns aside.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Looks like we have a split with Tyler.

    This is another example of the courts passing the buck to Congress.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,192
    Davidsonville
    I have always thought that sending one to jail or mental institute was for rehabilitation and re-introduction into society. Now rehabilitation is not a goal nor possible. ?
    "America" is changing.
     

    OLM-Medic

    Banned
    BANNED!!!
    May 5, 2010
    6,588
    I think this is complete ********. Not everyone who has a mental illness is going to be a threat with guns. Especially people with severe depression that just want to get help so they can return to normal. Screw it, I would just get a gun anyway if that was me. We will not comply.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,933
    Messages
    7,259,542
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom