US vs Rose7th

[Tvandermyde]

7th Circuit court of appeals kicks back a challenge to 922 g4 Easterbrook cites Rahimi, Hemani and Wolford declaring there has to be an individual finding of dangerousness

 

Looks like Easterbrook may finally be getting the message

 

 

rose.pdf

[Molly B.]

This is VERY encouraging!!!!

[Felixd]

Thanks Todd. I was impressed with the logic of the decision. There were no politics involved. 

[Sweeper13]

I usually don't read these, because my head spins....But this one was cut and dry. Lets hope he's coming around.

[Euler]

You may want to read the opinion again.

CA7 says the burden is on Rose to prove that he is mentally healthy, despite the facts that Rose was released from mental health care 12 years before he purchased a firearm and that the government produced no evidence that he is not currently mentally healthy.

It then vacated the dismissal of charges against Rose and sent the case back down to be retried.

Easterbrook isn't citing Rahimi and Hemani because he "gets" them. He's twisting them. He's saying that, because the government didn't even try to carry its burden the first time (the way Rahimi and Hemani say it must), it now gets a second chance to convict Rose, but with the burden on Rose.

Edited July 3, 2026 at 07:04 PM by Euler

[Tvandermyde]

On 7/3/2026 at 1:48 PM, Euler said:

You may want to read the opinion again.

CA7 says the burden is on Rose to prove that he is mentally healthy, despite the facts that Rose was released from mental health care 12 years before he purchased a firearm and that the government produced no evidence that he is not currently mentally healthy.

It then vacated the dismissal of charges against Rose and sent the case back down to be retried.

Easterbrook isn't citing Rahimi and Hemani because he "gets" them. He's twisting them. He's saying that, because the government didn't even try to carry its burden the first time (the way Rahimi and Hemani say it must), it now gets a second chance to convict Rose, but with the burden on Rose.
 

You're right  about what it did. However, 1. they said that there needs to be an individual finding of dangerousness against Rose.

 

That I believe will be a big help in fighting State Police on the FOID mental health standard, And the clear and present danger standard.

 

Rose has an opportunity to present evidence that he is not a danger. I think the Supreme's might have something to say about flipping the burden

[SiliconSorcerer]

On 7/3/2026 at 3:00 PM, Tvandermyde said:

Rose has an opportunity to present evidence that he is not a danger. I think the Supreme's might have something to say about flipping the burden

Yes but how many years would that take? 

[cybermgk]

On 7/3/2026 at 1:48 PM, Euler said:

You may want to read the opinion again.

CA7 says the burden is on Rose to prove that he is mentally healthy, despite the facts that Rose was released from mental health care 12 years before he purchased a firearm and that the government produced no evidence that he is not currently mentally healthy.

It then vacated the dismissal of charges against Rose and sent the case back down to be retried.

Easterbrook isn't citing Rahimi and Hemani because he "gets" them. He's twisting them. He's saying that, because the government didn't even try to carry its burden the first time (the way Rahimi and Hemani say it must), it now gets a second chance to convict Rose, but with the burden on Rose.
 

 

[Dumak_from_arfcom]

If Rose presents evidence to clear his history of mental illness, he then opens himself up to being charged with defrauding social security. 

 

I don't think Easterbrook is coming around even though it looks like he correctly applied case law.

 

He simply set a trap for Rose to incriminate himself into a felony.