Denied firearm for life for old mental illness

5 years ago

Federal law prohibits any person who has been "adjudicated as mentally defective" from purchasing, owning, or possessing a firearm. Sounds reasonable in the abstract. But then we consider this plaintiff.

20 years ago, he was sent to a mental hospital. Since then, he has earned a GED, a bachelor's degree, a master's degree, and has gotten married and had children. The state of Washington granted him relief under state law relating to the firearm prohibition, but the federal law is still a barrier.

In today's legal analysis, we discuss the second amendment right as it relates to this plaintiff, and we discuss whether being barred for life is just in this as-applied challenge.

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