Search results for query: *

Michigan had no duty to retreat in a dwelling. There was a duty to retreat, but only under very narrow circumstances (if a person was involved in a mutual affray). The law didn't change as much as some people think.

I am a lawyer, though to be honest, I have not handled a straw purchase case. I don't have time to go into a detailed analysis right now, but I believe the poster I quoted above is correct. While the possibility of the ATF going after this type of purchase may be low, it could be possible...

Many of those states have the same criteria for involuntary outpatient as they do for involuntary inpatient. Summary of State Statutes on Involuntary Outpatient Commitment

I never claimed otherwise, nor was my experience meant to be representative of the entire civil commitment system. My personal experience was that the majority of seriously mentally ill people never experience an involuntary admission and that the process was difficult. Given the number and...

John, that is been my experience, too. I spent 14 years in the mental health field and 3 of those were as an on-call crisis worker. There were only 2 instances where the person was involuntarily admitted.

It sounds like it is the administration that is going after this kid, not the teachers. The school may have a rule that prohibits firearms on school property. Does anyone know? Did the school board steal your girlfriend, or something? So, all the rules that exist at schools need to...

For what? What specific cause of action? After reading his letters, I didn't think a psych exam was warranted (maybe a remedial writing class), but maybe they have some information that I don't have. Anyway, it is very likely that the University has procedures for dismissing and suspending...

Well said. I never understood the point of making kids treat toy guns just like real guns. Children are capable of understanding the difference. Would you make you kids obey traffic laws when they play with their hot wheels? Would you make your daughter treat her "baby" just like a real...

Vertz was in Michigan, which requires an adversarial hearing in probate court in order to commit someone. As I have said before, this is not an easy thing to do. At least it hasn't been in the counties I have worked in.

Bart, you raise some good points that show the interplay between state and federal law is not always smooth. I don't see an easy solution, since commitment procedures are established by the state and you also have Constitutional issues. This may be something that no matter how hard they try to...

Bingo. A process where the chief, even working with a judge, could deprive of substantial liberties would be a violation of substantive and procedural due process. I am not saying it could never happen, but it wouldn't likely stand once it moved up through the appellate process.

Nope, under the proposed law, there would still have to be a "finding that the person is a danger to himself or to others or that the person lacks the mental capacity to manage his own affairs." Sec. 101(d)(1) I suppose your fictional judge and his pal the police chief could still take away...

What is this feeling based on? Have you ever been involuntarily admitted? Have you ever taken part in a hearing to have someone involuntary admitted? I have (the second, not the first) and it is a very difficult standard to meet. I suppose there could be a big push to change the standards at...

18 U.S.C. 925(c) allows you to petition the US Attorney General to have your rights restored. The proposed law requires that: While not a huge difference, I would say that I would have an easier time petitioning my local probate court (in the case of an involuntary commitment), rather then...

The NRA has already said they will try and kill the bill if this happens.

You can in MI.

I still contend that you are safer, from a legal standpoint, if you are carrying in compliance with your license, since the point of that exception was to allow states to regulate who could carry, with some requirements. This is a moot point because a school is a no carry zone. AFAIK, there...

That is not how I would interpret it. Unfortunately, I was not able to find any caselaw on this matter, but I would still say that the license exception would require that you carry in compliance with that license.

I believe you are correct, but several things would have to happen: 1. The teacher would need a CPL. 2. The teacher would need the support of the administration and the school board. 3. The teacher would need the support of the local bargaining unit. There would have to be some...

I have some friends and relatives that work for the state, so I am sure they are not excited. I think the legislature and the governor shouldn't be paid, or we could do what this LSJ columnist suggests: