BradAnderson
New member
Michigan and some other state laws prohibit issuing CCW permits to persons "diagnosed with mental illness."
The CCW permit-application also asks "have you ever been diagnosed with a mental illness," with a check-box for "yes" or "no." The application states that by signing it, you aagree and consent for them to check all records, public, private, privileged or otherwise; and if they find anything incorrect, then you're guilty of perjury and other felonies subject to fine and imprisonment.
Note that the applicant also has no way of finding out if there's some "record" which could be construed in this manner; they are basically held responsible for knowing.
The legislation-reform process on "shall-issue" CCW laws, likewise defends CCW's on the grounds that it will "respect long-standing prohibitions regarding persons with mental illnesses."
As to the definition of "mental illness," the law defines as "any nervous or mental condition interfering with everyday life." This is incredibly vague.
Likewise, this applies even to diagnoses made BEFORE the law was passed-- a clear ex post facto law, since the person had no way of knowing this risk of such a positive diagnosis, prior to subjecting themself to it; it's also a violation of Due Process, since they had no fair warning.
Finally, this is likewise a state's denial of equal protection under the law, in violation of the 14th Amendment.
Note that NONE of these stipulations pertain to whether a particular person is actually proven to be a threat to themselves or others: on the contrary, it's a 100% arbitrary.
Basically, the state is imposing a medieval stigma, and catering to public prejudice and ignorance, by sacrificing an unpopular minority against whom society holds an irrational fear, in order to get a law passed.
Despite that the ACLU has produced breakthroughs against public oppression of diagnosed "mental illness" to prevent persecution of persons who are not actually proven to be a threat to themselves or others-- or who are likewise duly convicted of any crime-- this area of persecution still exists in the right of persons to defend themselves.
Likewise, it excludes those persons who simply fail to get medical attention for such conditions-- and likewise discourages such persons from doing so, by risking such a diagnosis and thereby effectively disarming themselves from being able to defend themselves by carrying concealed-- which they usually need all the more due to being underprivileged and disadvantaged of finances, support, etc. due to their condition.
I know that laws are based on popularity more than legality, however I'd like to know if there is any way to challenge this law for persons who fall under this public stigma.
The CCW permit-application also asks "have you ever been diagnosed with a mental illness," with a check-box for "yes" or "no." The application states that by signing it, you aagree and consent for them to check all records, public, private, privileged or otherwise; and if they find anything incorrect, then you're guilty of perjury and other felonies subject to fine and imprisonment.
Note that the applicant also has no way of finding out if there's some "record" which could be construed in this manner; they are basically held responsible for knowing.
The legislation-reform process on "shall-issue" CCW laws, likewise defends CCW's on the grounds that it will "respect long-standing prohibitions regarding persons with mental illnesses."
As to the definition of "mental illness," the law defines as "any nervous or mental condition interfering with everyday life." This is incredibly vague.
Likewise, this applies even to diagnoses made BEFORE the law was passed-- a clear ex post facto law, since the person had no way of knowing this risk of such a positive diagnosis, prior to subjecting themself to it; it's also a violation of Due Process, since they had no fair warning.
Finally, this is likewise a state's denial of equal protection under the law, in violation of the 14th Amendment.
Note that NONE of these stipulations pertain to whether a particular person is actually proven to be a threat to themselves or others: on the contrary, it's a 100% arbitrary.
Basically, the state is imposing a medieval stigma, and catering to public prejudice and ignorance, by sacrificing an unpopular minority against whom society holds an irrational fear, in order to get a law passed.
Despite that the ACLU has produced breakthroughs against public oppression of diagnosed "mental illness" to prevent persecution of persons who are not actually proven to be a threat to themselves or others-- or who are likewise duly convicted of any crime-- this area of persecution still exists in the right of persons to defend themselves.
Likewise, it excludes those persons who simply fail to get medical attention for such conditions-- and likewise discourages such persons from doing so, by risking such a diagnosis and thereby effectively disarming themselves from being able to defend themselves by carrying concealed-- which they usually need all the more due to being underprivileged and disadvantaged of finances, support, etc. due to their condition.
I know that laws are based on popularity more than legality, however I'd like to know if there is any way to challenge this law for persons who fall under this public stigma.