David Rhein v. Prior - IL

RicInOR · Mar 25, 2014

Another court case to put a pin in and follow

The way I understand this is that David was outspoken on the 2nd amendment, and he alleges that
the government of Illinois not liking that, construed that he was mentally incompetent to possess a firearm.

Short
http://pjmedia.com/instapundit/185813/

Longer more complete
http://www.washingtonpost.com/news/...s-claims-based-on-gun-seizure-can-go-forward/

[Plaintiffs allege that, as] of February 3, 2011, Plaintiffs possessed FOID cards, owned firearms, and kept their firearms in their home. At some point before February 3, 2011, David expressed "unpopular political views … about his support of Second Amendment rights" to "a locally elected official." That official, somebody in that official's office, or one of the individual defendants falsely construed David's comments "as evidence that [he] had a mental condition that made him dangerous." On February 3, 2011, [Illinois State Police] Lieutenant [John] Coffman wrote a letter to David revoking his FOID card under § 8(f) of the Act based on the false and unreasonable assertion that David had a "mental condition" within the meaning of that provision. The letter was mailed on February 4, 2011, and David did not receive it until February 7, 2011.

GrpCapMandrake · Mar 25, 2014

Well now I am curious as to what he said in support of the 2A that led someone to believe he is mentally ill and a danger to himself and others. I do not put it past Burdickites and Feinsteinians to claim someone is mentally deficient based on support of the 2A and actual gun ownership, but still I am curious what David said. I think we have all heard people make some rather poorly worded statements in support of the 2A.

Aside from own curiosity concerning his statements, I think the case is very interesting. I agree this is worth keeping an eye on to see how this all washes out.