For the first time since Washington, DC’s firearma’s ban was tossed out in 2008, a federal gun law has been ruled unconstitutional.
In 1986, Charles Clifford Tyler spent a month in a mental health care institution, and as a result he’s been banned from firearm ownership ever since. When he tried to purchase a gun for his own protection, he was arrested and charged with a felony.
Now, the law that kept Tyler from freely exercising his constitutional rights has been thrown out by the Sixth Circuit Court of Appeals in Cincinatti, OH. The three judges voted unanimously to restore Tyler’s rights as an American citizen.
I keep seeing this case reported, and virtually every time, it makes the same mistake this particular article makes.
The court didn’t rule that Tyler had to be allowed to possess or purchase a firearm.
Tyler was prohibited from possessing or purchasing a firearm, as a result of his commitment to a mental health facility.
That’s a pretty reasonable restriction in keeping withe 2nd Amendment.
The issue was that there was no mechanism by which Tyler could appeal to the state for reinstatement of his civil rights. Absent a review on the state’s power, the 2nd Amendment rights of many could be arbitrarily denied. Here the court simply said that a method of review must be constituted.