Appeals Court Reinstates Firearm Case Against Former Psychiatric Patient
A federal appeals panel has ordered an Indiana district court to reconsider dismissing weapons charges against a man who bought guns after involuntary mental health commitment.
Appeals Court Reinstates Firearm Case Against Former Psychiatric Patient
An Indiana resident who acquired weapons following forced admission to a psychiatric ward will again face prosecution for illegal gun possession. A three-judge federal appeals panel in Chicago ruled Thursday that the district judge improperly tossed out the indictment, as Courthouse News Service reports.
Prosecutors had charged the man after discovering he bought firearms despite a prior court-ordered stay at a mental health institution. Defense attorneys argued the prohibition no longer applied because his condition had improved. The appellate judges disagreed with the dismissal, noting the file lacked evidence about whether he endangered anyone during hospitalization, upon discharge, or when acquiring the guns.
The Seventh Circuit's decision revives the criminal case without determining whether the accused actually violated federal law.
Source: Courthouse News Service