Second Amendment • Restrictions on Gun Ownership • Involuntary Commitment • As-Applied Challenge
Simpson v. Sessions, PICS Case No. 17-0852 (E.D. Pa. May 9, 2017) Schmehl, J. (15 pages).
Plaintiff’s as applied challenge to 18 U.S.C. §922(g)(4) under the Second Amendment failed because he could not meet the second prong of step one under the Marzzarella framework since he could not produce sufficient evidence to distinguish himself from the historically barred class as he had no record of responsible firearms usage and he had undergone continuing mental health treatment. Motion to dismiss granted.
