BridgeWalker
Member
Pardon any poor sentence construction, spelling or grammar errors. I just finished writing this and want to post for commented before everyone goes to bed. I mentioned several weeks back I was gonna be working on a paper on mental illness and gun laws. Well, I've become a bit of an expert in various areas, looking for a good way to analyze areas that will work well within the accepted legal context--that is, not so much "guns are a fundamental right for all, molon labe!" but rather "this is the law and this is how this law is illegal"
I think I have found it in the 14th am. Comments, critiques, questions?
I think I have found it in the 14th am. Comments, critiques, questions?
An equal protection analysis of selected state gun laws
The 14th amendment of the US constitution guarantees that no state shall abridge any citizen’s right to equal protection under the law. The problem of determining equal treatment is complicated by people’s vastly differing capabilities and characteristics. Nonetheless, even the lowest standard of equal protection requires that no class of persons should be singled out for restrictions or unequal treatment without a rational basis for that discrimination.
One class of persons who have historically been denied equal protection is the mentally ill. Some restrictions placed on some affected individuals are rational and well-advised. However, in the past several years, as our understanding of mental illness has changed, that classification has expanded and now includes a very substantial portion of the US adult population.
Gun laws and policies have reflected the unfounded wariness of mental illness found throughout the general culture. The result of this wariness are laws in many states that create restrictions on classes of persons that bear no rational relationship to the public policy goal of preventing violence.
The over-expansive nature of these gun laws has several effects. First, when laws use broad language, they violate the 14th amendment right to equal protection. Second, they perpetuate the social stigma to which people with mental illness are subject. Finally, they may, in many cases, prevent people with mental illness from seeking diagnosis and treatment.
This paper presents an analysis of laws in Michigan, xxx, and xxx [[I've got lots of candidates, narrowing down will depend on which have best caselaw or committee notes; pretty much I'm obviously looking at laws that restrict "the mentally ill" without use of important phrases like "adjudicated" or "danger to self or others". MI's CPL law uses over-expansive language like this, as do several others]] that, through insufficient specificity, violate the right to equal protection. It will discuss the language in the laws and how that language leads to not only the aforementioned constitutional violation, but also to the related negative social consequences of broad classification of less-privileged citizens.