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Thread: RKABA and People Who Appear to Lack “Emotional Stability"...E. Volokh at 'Conspiracy'

  1. #1
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    RKABA and People Who Appear to Lack “Emotional Stability"...E. Volokh at 'Conspiracy'

    From In re Hahn (N.Y. App. Div. 2013)(http://caselaw.findlaw.com/ny-suprem...1636584.html):
    [ ... ]
    "Respondent observed that petitioner exhibited “conduct bordering on impassioned rage” and concluded that he lacked the self control necessary to carry a weapon. These conclusions were based on what respondent saw in court and are not inconsistent with the record. Accordingly, we defer to those credibility determinations and factual conclusions, which provide ample ground for respondent’s decision regarding petitioner’s pistol permit."

    http://www.volokh.com/2013/07/09/the...court-hearing/

    Volokh: "Any thoughts on how such a case should come out? (Even if you think D.C. v. Heller was mistaken, over 40 of the 50 states have state constitutional right to bear arms provisions that are either expressly crafted as individual rights provisions, or have long been interpreted that way; the question would thus arise in American courts regardless of the outcome of Heller.)"
    I am responsible for my writing, not your understanding of it.

  2. #2
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    It is not up to any individual to determine is someone is not mentally competent enough to carry.

    Due process is required to take away one's Liberty. Furthermore, federal law requires "adjudication" to remove the right.

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