My client got his license back within a month of losing it. Suing under the ADA was not needed.
I think we may be misunderstanding each other. I never suggested that the
mentally ill should be denied rights. On the contrary, I have cautioned against making knee-jerk reactions because of what happened. I have also never said that people with depression should be denied a CPL and I agree that licensing agencies should have to show more than a diagnosis to deny a permit. I have worked with hundreds of
mentally ill people that go to school, go to work, raise families, and do the same things as non-
mentally ill people, so I would never suggest that they be discriminated against.
What I am trying to do is be realistic, and this is where I question what you know.
Mentally ill people, as a group, are not a very politically powerful group. They do have some good advocacy groups, such as NAMI and various state groups. Professional groups also lobby for their rights. As I indicated in my other post, most ADA claims are not ruled in favor of the plaintiff and the most difficult claim to win is one that deals with a mental impairment.
The state, in denying a license, needs to show a legitimate reason for the denial. Given the current climate towards gun ownership by many in the public, especially as it relates to the
mentally (ill), I can't say that there is a huge amount of support for all
mentally ill people carrying guns. Currently, my state does not seem to make denials solely on the basis of a diagnosis. I can't comment on other states. I am concerned that the public, in their demand that this not happen again, will push for more stringent controls on the
mentally ill obtaining weapons. There are already laws on the books preventing certain
mentally ill people from carrying guns and many (but not all) of the state statutes I have seen have vague langauge that could be expanded to cover more
mentally ill people.
Again, I do not support additional restrictions on the
mentally ill and I think they should only be denied rights in rare circumstances and only following due process. I hope I am wrong, but the more they show Cho's tape and pick apart his mental history, the more I am convinced we will see some kind of backlash against some of the
mentally ill carrying guns. While the ADA is an option, it seems to be a huge longshot. In my search, I was unable to find any cases where the ADA was used to appeal a denial of a CPL. It certainly could be used in a claim.
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I also think one significant differentiating factor would be between those suffering form milder forms of depression who take an anti-depressant as opposed to those who have much more severe mental illness along the lines of bi-polar, schizophrenia and other psychotic illnesses.
I think it would be very significant and it certainly bears further study. I have worked with hundreds (possibly thousands) of
mentally ill clients and have only been assaulted once and that person was severely
mentally ill.