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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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Old 12-18-2014, 9:57 AM
ddestruel ddestruel is offline
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Default Tyler V. Hillsdale 922 challenge 6th circuit ruling

http://www.ca6.uscourts.gov/opinions...4a0296p-06.pdf


Couldn't find anything thread wise when searching for tyler and hillsdale so i'll throw up the link and start a thread if thats ill placed and a DUPE feel free to delete otherwise i there some interesting material in the ruling to bee deciphered by the legal beagles


Also saw Volokh Conspiracy had a thread going too
http://www.washingtonpost.com/news/v...-28-years-ago/



Ruled in favor of the plaintiff that the lack of relief from a 18 U.S.C 922 hold and resulting lifetime prohibition is unconstitutional


"This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. 922(g)(4)"



There is even discussion about carry outside the home and they lump Peruta, Moore as confering the right outside the home, and then differentiating how Drake refused to examine, and Woolard and Kachalsky as only assuming and their rulings turning on that.


PGs 21-23 they break up a whole host of cases and the scrutiny tests by various courts..... interesting read
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Last edited by ddestruel; 12-18-2014 at 10:37 AM..
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Old 12-18-2014, 10:21 AM
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Good win. Hopefully they appeal to SCOTUS so we can get this BS fixed.
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Old 12-18-2014, 10:26 AM
capoward capoward is offline
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Nice to see a CA rule in favor of the individual's right over the collective gov't right. I also like the identification that strict scrutiny is required to review gov't action that deprives the individual 2A right.

One can only hope the gov't is sufficiently stupid to appeal the decision to the SC; perhaps we'd get an affirmation regarding strict scrutiny and that no law may forever remove a right where the individual is not a threat to themselves or to society as a whole.

I can see where a similar situation would be forthcoming regarding some misdemeanor DV situations where neither the state nor the federal gov't has provided the legal means for restoration of 2A rights.
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Old 12-18-2014, 10:32 AM
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If you read the washigtonpost article it appears the government didn't put up much of a fight.
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Old 12-18-2014, 11:04 AM
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Thanks for update
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Old 12-18-2014, 12:33 PM
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Librarian Librarian is offline
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Well, it's a dupe NOW, because I started a thread.

6th Circuit is not CA - this forum is for CA cases, except for a few threads still here for historical reasons.

So, such cases get threads in National.
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