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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.