Gunreference1
10-09-2010, 05:07 PM
When Can We Deny Gun Rights to Mentally Ill?
Opinion by The Volokh Conspiracy
(1 Day Ago) in Society / Guns
By Eugene Volokh
California Welfare & Institutions Code § 8103 provides that once someone has been evaluated or taken into custody as being “a danger to himself, herself, or to others,” he may be barred from possessing guns for five years if the government “show[s] by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.”
Yesterday’s People v. Jason K. (Cal. Ct. App.) upheld this provision, with a pretty thorough constitutional analysis; it concluded that the government didn’t have to prove dangerousness by clear and convincing evidence, or beyond a reasonable doubt.
To click the rest of the story click the link below.
http://www.opposingviews.com/i/when-can-we-deny-gun-rights-to-mentally-ill
Steve
Opinion by The Volokh Conspiracy
(1 Day Ago) in Society / Guns
By Eugene Volokh
California Welfare & Institutions Code § 8103 provides that once someone has been evaluated or taken into custody as being “a danger to himself, herself, or to others,” he may be barred from possessing guns for five years if the government “show[s] by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.”
Yesterday’s People v. Jason K. (Cal. Ct. App.) upheld this provision, with a pretty thorough constitutional analysis; it concluded that the government didn’t have to prove dangerousness by clear and convincing evidence, or beyond a reasonable doubt.
To click the rest of the story click the link below.
http://www.opposingviews.com/i/when-can-we-deny-gun-rights-to-mentally-ill
Steve