Defendant was indicted for acquiring firearms in violation of 18 U.S.C. §922(g)(4), which prohibits individuals who have been committed to a mental institution from possessing firearms and under 18 U.S.C. §922(a)(6) for lying to gun dealers because he told them he had never been committed to a mental institution. The district court concluded that section (6) is compatible with the Second Amendment, but dismissed the indictment under section (4) as being unconstitutional as applied to an individual who was no longer mentally ill. The Seventh Circuit concluded that it lacked sufficient information to determine the as-applied constitutionality of the statute, vacated the district court’s order, and remanded to allow for additional evidence to be presented on the issue. (KIRSCH and PRYOR, concurring)
Federal 7th Circuit Court
Criminal Court
Second Amendment