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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
USA vs. Jonathan S. Rose
No. 24-1086
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division, Chief Judge Holly A. Brady. Before Circuit Judges Easterbrook, Kirsch and Pryor. The court vacated the district court’s order dismissing charges against Rose under 18 U.S.C. §922(g)(4) and remanded the case for further proceedings. The district court concluded that a historical context for §922(g)(4) was insufficient to apply a lifetime prohibition on firearm possession to those who have been committed for mental health reasons but are no longer deemed dangerous. The appeals court emphasized the necessity for a detailed record regarding Rose’s mental state and the conditions of his prior commitment and release. It noted that determinations on current dangerousness must be made based on individualized proof, allowing both Rose and the prosecution to present evidence in light of recent rulings. Judge Easterbrook authored the opinion.
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