Keyes et al v. Holder et al

Filing 49

ORDER (memorandum filed previously as separate docket entry) 1.Plaintiffs Motion for Summary Judgment, (Doc. 28), is GRANTED in part and DENIED in part. Plaintiffs Motion is GRANTED to the extent that judgment is entered in Jonathan Yoxs favor on th e as-applied Second Amendment challenge contained in Count I of the Amended Complaint. Plaintiffs Motion is otherwise DENIED.2.Defendants Motion for Summary Judgment, (Doc. 33), is GRANTED in part and DENIED in part. Judgment is entered in favor of D efendants on all claims except for Jonathan Yoxs as- applied Second Amendment challenge contained in Count I of the Amended Complaint.3.It is DECLARED that 18 U.S.C. § 922(g)(4), as-applied, violates Jonathan Yoxs right to keep and bear arms as secured by the Second Amendment to the United States Constitution.4.It is further ORDERED that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this Order are ENJOINED from enforcing 18 U.S.C. § 922(g)(4) against Jonathan Yox based on his commitment to a mental institution when he was a juvenile. 5.The Clerk of Court is DIRECTED to close the case. (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL L. KEYES and
JONATHAN K. YOX,
Plaintiffs,
v.
LORETTA E. LYNCH, Attorney General
of the United States, et al.,
Defendants.

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1:15-cv-457

Hon. John E. Jones III

ORDER
July 11, 2016
In accordance with the Memorandum issued on today’s date, it is hereby
ORDERED that:
1.

Plaintiffs’ Motion for Summary Judgment, (Doc. 28), is GRANTED
in part and DENIED in part. Plaintiffs’ Motion is GRANTED to
the extent that judgment is entered in Jonathan Yox’s favor on the asapplied Second Amendment challenge contained in Count I of the
Amended Complaint. Plaintiffs’ Motion is otherwise DENIED.

2.

Defendants’ Motion for Summary Judgment, (Doc. 33), is
GRANTED in part and DENIED in part. Judgment is entered in
favor of Defendants on all claims except for Jonathan Yox’s as-

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applied Second Amendment challenge contained in Count I of the
Amended Complaint.
3.

It is DECLARED that 18 U.S.C. § 922(g)(4), as-applied, violates
Jonathan Yox’s right to keep and bear arms as secured by the Second
Amendment to the United States Constitution.

4.

It is further ORDERED that Defendants, their officers, agents,
servants, employees, and all persons in active concert or participation
with them who receive actual notice of this Order are ENJOINED
from enforcing 18 U.S.C. § 922(g)(4) against Jonathan Yox based on
his commitment to a mental institution when he was a juvenile.

5.

The Clerk of Court is DIRECTED to close the case.

s/ John E. Jones III
John E. Jones III
United States District Judge

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