Are his Second Amendment rights being violated?
http://www.pennlive.com/midstate/ind...ve_gun_wh.html
Pennsylvania State Trooper Michael L. Keyes is in an odd situation.
When on duty, he can carry a gun.
Yet while off duty, he is barred by law from possessing any firearms, because seven years ago he suffered from deep depression, repeatedly tried to kill himself by taking drugs and was involuntarily committed for mental health treatment.
Keyes' latest attempt to be allowed to have a gun all the time was rejected this week by the state Superior Court.
That court upheld an earlier ruling by Perry County Senior Judge Keith B. Quigley that Keyes' involuntary mental health commitment constitutes an unsurmountable legal barrier to his ability to possess a gun while off duty.
A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
Are his Second Amendment rights being violated?
address the issue of the article please, not troll for bullshit.
A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
Answer the question.
you first
A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
I'm surprised they allow him to keep his job. In CO he would be out of a job if he could not own or carry at all times.
Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
- -- Aristotle
Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
- -- The Buddha
It is the mark of an educated mind to be able to entertain a thought without accepting it.
- -- Aristotle
The issue is the removal of an Americans' Second Amendment rights by a court, and I assume by state statute.
Or is the fact that he is in law enforcement more relevant?
A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
From the linked story in the OP:
Keyes has been involved in legal battles ever since completing his mental health treatment. He also had to fight to be reinstated to the state police.
He was serving as a state trooper in Newport, when he was placed on temporary leave and ordered into mental health treatment in 2006. He finished treatment in less than a year and had to battle to get his job back, even after his doctor cleared him to go back to work.
An arbitrator's decision ordering his return to limited duty was fought by the state police, but ultimately was upheld by Commonwealth Court. The state Supreme Court refused to hear an appeal of that ruling, and he was placed back on duty in 2010. In 2012, Commonwealth Court also ordered that Keyes be awarded nearly $16,000 in back pay.
http://www.pennlive.com/midstate/index.ssf/2013/12/state_trooper_cant_have_gun_wh.html
I'm wondering how much poutrage this case would generate if a plumber was denied the right to arms based on a 7 year-old mental issue.
A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
The problem, according to court filings, is that the federal Gun Control Act bars those who have been subject to involuntary mental health commitments from possessing guns.
In its ruling, the Superior Court found there is no way for Keyes to have the record of his involuntary mental health commitment expunged.
That means Keyes cannot surmount the federal ban on his having a gun off-duty, President Judge Emeritus Kate Ford Elliott wrote in the state court's opinion.
That prohibition does not amount to a breach of Keyes' rights under the Second Amendment of the U.S. Constitution, Ford Elliott found, because it applies only to an "extremely small" class of citizens and has a solid public safety basis.
"The dangers inherent in the possession of firearms by the mentally ill are manifest," the judge wrote. And while Keyes argued that he is no longer mentally ill, "a present clean bill of health is no guarantee that a relapse is not possible," Ford Eliiott noted.
"Given the extreme potential harm attendant to the possession of deadly weapons by the mentally ill, and the risk of relapse," the judge wrote, "we see an important government interest in controlling the availability of firearms for those who have ever been adjudged mentally defective or have ever been committed to a mental institution but are now deemed to be cured."
http://www.pennlive.com/midstate/index.ssf/2013/12/state_trooper_cant_have_gun_wh.html
Looks like hr for the cops is pretty lax on background checks.
"Those who vote decide nothing. Those who count the vote decide everything." Joseph Stalin
The USA has lost WWIV to China with no other weapons but China Virus and some cash to buy democrats.
What mental issues?
He has a clean bill of health from a doctor.
That didn't stop the court, though.
It is "rational" for Keyes to still be allowed to have a gun on-duty because then he is under the supervision and observation of superior officers and his fellow troopers, Ford Elliott concluded.
"Were [Keyes] to again fall into a depressive state with suicidal ideation, it would be much more likely to be discovered while he is on-duty and his superiors could then restrict his access to state police firearms," she wrote.
http://www.pennlive.com/midstate/index.ssf/2013/12/state_trooper_cant_have_gun_wh.html
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