United States v. Jones

ORDER

HAMILTON, District Judge.

Alberda Jones moves to dismiss the indictment 1 charging her with a violation of 18 U.S.C. § 922(h)(4), receipt of a firearm by a person who has been committed to a mental institution, on the basis that the legislative classification under 18 U.S.C. § 922(h)(4) violates the equal protection component of the Fifth Amendment due process clause of the United States Constitution in that it creates an invidious discrimination against all persons who have been “committed to any mental institution” regardless of their present mental status and without any rational basis.