· 1/13/2012
United States v. Rehlander
Citations
- 666 F.3d 45
- 2012 WL 104908
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that recent developments in Second Amendment law should affect the treatment, under federal law, of a “commitment” under Maine law
- temporary hospitalization under Maine’s involuntary admission statute not a “commitment” under 18 U.S.C. § 922(g)(4)
- “Although the right established in Heller is a 23 qualified right . . . the right to possess arms (among those not properly disqualified
- “[S]ection 922(g)(4) does not bar firearms possession for those who are or were mentally ill and dangerous, but (pertinently) only for any person ‘who has been adjudicated as a mental defective’ or ‘has been committed to a mental institution.’”
- where Maine law did not have a process to obtain relief from disqualification, plaintiffs were “permanently deprived of a right to bear arms based solely on procedures suitable for temporary hospitalization under emergency conditions”
- “Congress did not prohibit gun possession by those who were or are mentally ill and dangerous[] . . . . Congress sought to piggyback on determinations made in prior judicial proceedings . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Torruella, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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