Legal Opinion

Jefferies v. Sessions

District Court, E.D. Pennsylvania

Decided October 3, 2017No. CIVIL ACTION NO. 17-2346PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

KEARNEY, District Judge.

In legislation enacted in 1968, Congress prohibited persons involuntarily committed for mental illness from possessing a firearm. No one disputes the valid government purpose in ensuring an involuntarily committed person suffering with mental illness cannot possess a firearm. The tougher question arises in the permanency of this prohibition. Congress allows Pennsylvania officials or the Attorney General to grant relief from its statutory prohibition but Pennsylvania has not established a compliant program and Congress has barred funding the Attorney General’s…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  4. Sandra Connelly v. Lane Construction CorpCourt of Appeals for the Third Circuit · 2016
  5. District of Columbia v. HellerSupreme Court of the United States · 2008

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3Cited by8 opinions

  1. Beers v. Attorney Gen. United StatesCourt of Appeals for the Third Circuit · 2019
  2. Franklin v. SessionsDistrict Court, W.D. Pennsylvania · 2017
  3. Gurten v. SessionsDistrict Court, E.D. Pennsylvania · 2018
  4. Moran v. Wis. Dep't of JusticeCourt of Appeals of Wisconsin · 2019
  5. Doe v. EvanchickDistrict Court, E.D. Pennsylvania · 2019

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