An ‘adjudicat[ion] as a mental defective’ under Section 922(g)(4) requires something more than two lay persons and a physician acting without any adversarial proceeding, without the opportunity to present any evidence by the party subject to the mental health examination, and without the involvement of any judicial or quasi-judicial decision-maker or processes. [More]Would this also apply for "red flags"?
Wednesday, August 14, 2019
Standard of Proof
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No, because red flags skip that pesky “adjudication as a mental defective,” and instead substitute “someone claims to be afraid of you” as the actionable trigger. It’s the Ilhan Omar threshold, only lower: “somebody, somewhere, might do something.”
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