Appeals court finds federal firearms law constitutionally flawed

GUNSIn a major victory for Second Amendment advocates, the Sixth Circuit court of appeals has sustained an as-applied constitutional challenge to the federal firearms dispossession law, 18 U.S.C. § 922(g).  While the particular provision of that law at issue in Tyler v. Hillsdale County Sheriffs Department is § 922(g)(4), the subsection prohibiting firearms possession by anyone “who has been adjudicated as a mental defective or who has been committed to a mental institution,” the court’s broad holding and analytical approach will be of considerable interest to those watching developments under the felon-in-possession subsection of the law, § 922(g)(1).

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