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Tyler v. Hillsdale Police Dept goes en banc
Tyler was the case on an "as applied" challenge to the ban on possession where a fellow had had a short mental commitment decades ago, and Michigan law did not incorporate the Federal route to getting that lifted. The panel opinion did use facial challenge logic to reason to its conclusion (as applied logic would be simply: there is no reason to deprive this guy of the right to arms for his entire life, because he is not dangerous, regardless of whether persons in that category in general are risky). The Sixth Circuit has take the case en banc.
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