09 October 2010

Burden of Proof and ALLEGEDLY Dangerous or Mentally Infirm

Attorney Eugene Volokh asks a very good question:

... What burden of proof is constitutionally required for denying gun rights to the allegedly dangerous and mentally infirm?

Some states, among the most notorious being California, can take away an individual's constitutionally protected firearms rights for a period of time simply because they were "observed" at a mental facility. There might have been a worry that they were a danger to others, or they might have wanted some psychiatric counseling. Either way, IMHO, their constitutional rights are being trampled upon.

Volokh explores the issue further. A very good read. Take a look and pass it on.

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