Tag Archives: heller

Sixth Circuit Weighs Second Amendment Rights of Illegal Immigrants

Do illegal immigrants have Second Amendment rights? The Sixth Circuit just said no, though the panel couldn’t agree on why. Authorities found three firearms when searching the home of Milder Escobar-Temal, a Guatemalan citizen who entered the U.S. illegally over a decade ago and who was suspected of abusing his 14-year-old stepdaughter. He was charged … Continue Reading

En Banc Watch

The Sixth Circuit sat en banc yesterday to hear oral argument in Tyler v. Hillsdale County Sheriff’s Dep’t regarding whether or not a federal provision prohibiting the possession of a firearm by a person who has been confined to a mental institution violates the Second Amendment under Heller.  The original panel had sustained the plaintiff’s Second … Continue Reading

Do Mental Health-Based Gun Restrictions Punish Mental Illness And/Or Involuntary Commitment?

This is the second in a series of posts discussing Tyler v. Hillsdale, the first case since Heller to strike down a federal gun law. The first post is here. One of the four “potential limiting principles” the Court offered for its Second Amendment analysis, is that Section 922(g)(4)—which permanently bars those previously involuntarily committed … Continue Reading
LexBlog