Beers v. Attorney Gen. United States

927 F.3d 150
CourtCourt of Appeals for the Third Circuit
DecidedJune 20, 2019
DocketNo. 17-3010
StatusPublished
Cited by13 cases

This text of 927 F.3d 150 (Beers v. Attorney Gen. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beers v. Attorney Gen. United States, 927 F.3d 150 (3d Cir. 2019).

Opinion

ROTH, Circuit Judge *152INTRODUCTION

Federal law prohibits the possession of firearms by anyone who has previously been adjudicated as mentally ill or committed to a mental institution. Bradley Beers challenges this law on the ground that, as applied to him, it violates the Second Amendment.

Mentally ill individuals have traditionally been prohibited from possessing guns because they were considered to be a danger to themselves and to others. Beers cannot factually distinguish himself from this historically-barred class because a court has determined that Beers was a danger to himself and thereby required that he be committed to a mental institution. Beers contends, however, that, although he was previously involuntarily institutionalized, he has since been rehabilitated. For this reason, he argues that his rehabilitation distinguishes his circumstances from those in the historically-barred class.

The issue that we must consider then is whether passage of time and evidence of rehabilitation are relevant to our inquiry concerning the constitutionality of the prohibition of the possession of firearms by Beers.

BACKGROUND

Beers was involuntarily committed to a psychiatric inpatient hospital on December 28, 2005, after he told his mother that he was suicidal and put a gun in his mouth. Beers's mother was particularly concerned because Beers kept a gun in his room and had the means to kill himself. Beers was involuntarily admitted to the hospital for up to 120 hours pursuant to Section 302 of Pennsylvania's Mental Health Procedures Act (MHPA).1 The examining physician determined that Beers was suicidal and that inpatient treatment was required for his safety.

On December 29, 2005, and again on January 3, 2006, a Pennsylvania court extended Beers's involuntary commitment pursuant to Sections 303 and 304 of the MHPA, concluding that he presented a danger to himself or to others.2 At the court hearings for the extensions, the Bucks County Court of Common Pleas determined that Beers was "severely mentally disabled and in need of treatment."3

Beers has had no mental health treatment since 2006. A physician who examined Beers in 2013 opined that Beers was able "to safely handle firearms again without risk of harm to himself or others."4 Shortly after he was discharged from his commitment in 2006, Beers attempted to buy a firearm but was denied because a background check revealed that he had been involuntarily committed to a mental institution.

*153Beers subsequently filed a complaint in the United States District Court for the Eastern District of Pennsylvania, asserting that 18 U.S.C. § 922(g)(4),5 the federal statute prohibiting him from possessing a gun, was unconstitutional as applied to him.6 The government moved to dismiss the complaint.

Applying the two-part test derived from our rulings in United States v. Marzzarella7 and Binderup v. Attorney General ,8 the District Court first determined that Beers could not distinguish his circumstances from those of mentally ill individuals who were subject to the longstanding prohibitions on firearm possession. The court next held that, pursuant to our ruling in Binderup, evidence of Beers's rehabilitation was irrelevant; thus, Beers could not rely on such evidence to distinguish his circumstances. As a result, the court ruled that § 922(g)(4) did not impose a burden on conduct falling within the scope of the Second Amendment and was therefore constitutional as applied to Beers. The District Court dismissed Beers's complaint. Beers appeals the District Court's rejection of his as-applied Second Amendment challenge to § 922(g)(4).9

DISCUSSION10

I. The Framework for Second Amendment Challenges

When a challenge is made to a law prohibiting the possession of firearms, we follow our rulings in Marzzarella and Binderup . Pursuant to these cases, we are required to conduct a two-part inquiry. First, we look at the historic, traditional justifications for barring a class of individuals from possessing guns and ask whether the challenger can distinguish his circumstances from those of individuals in the historically-barred class. If the challenger makes such a showing, we proceed to the second step, which requires the government to demonstrate that the challenged law satisfies some form of heightened scrutiny.

A. The Supreme Court's Decision in District of Columbia v. Heller

Our jurisprudence in Second Amendment cases is based on the Supreme Court's ruling in District of Columbia v. Heller .11 The Second Amendment provides that "[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."12 Heller *154involved a challenge to a District of Columbia law that banned handgun possession, including the possession of handguns in the home. The Supreme Court held in Heller that the Second Amendment guarantees to an individual the right - not unlimited - to keep and bear arms.13 The Court recognized that "[a]t the 'core' of the Second Amendment is the right of 'law-abiding, responsible citizens to use arms in defense of hearth and home.' "14 Because the District of Columbia law in question violated this core Second Amendment right, the Court ruled that it was unconstitutional.

However, in articulating the guarantee to keep and bear arms, the Supreme Court recognized that "the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."15 Indeed, nothing in Heller , according to the Court, "should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill."16 The Court therefore identified such prohibitions as "presumptively lawful," because they affect classes of individuals who, historically, have not had the right to keep and bear arms.17

B. The Third Circuit's Two-Part Test for Analyzing Second Amendment Challenges

Our first occasion after Heller to decide a Second Amendment challenge involved a statute prohibiting the possession of handguns with obliterated serial numbers. In Marzzarella , we applied a two-part test for evaluating Second Amendment challenges: "First, we ask whether the challenged law imposes a burden on conduct falling within the scope of the Second Amendment's guarantee."18 If it does not, we need not proceed to the second step.

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927 F.3d 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beers-v-attorney-gen-united-states-ca3-2019.