Court rules man treated for mental illness can have a gun
Ethics
A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
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If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
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