In a complaint against Missouri prison mental hospital, Jared Lee Loughner’s lawyers claim that authorities have forced antipsychotic medication on their client despite an appeals court order.

Defense attorneys filed an emergency motion with the U.S. 9th Circuit Court of Appeals for enforcement of a July 12 order that Loughner not be medicated against his will with antipsychotic medication that could harm him.

The motion signed by Loughner’s lead attorney, Judy Clarke of San Diego, Calif, also asked the court to require the U.S. Bureau of Prisons to provide her with daily records of his treatment. By doing so, his defense team and the appeals court can monitor prison authorities’ compliance with the order against involuntary medication.

Loughner was charged with 49 felony counts in the Jan 8 shooting rampage that killed six and injured 13, including U.S. Rep. Gabrielle Giffords. In May, a federal judge deemed him incompetent to stand trial. Loughner was then sent to the Missouri prison hospital for treatment of schizophrenia.

According to the 9th Circuit Court’s order of halting forced administration of antipsychotics allow prison doctors to give Loughner sedatives if he was deemed a danger to himself or others. However, drugs were forced on the inmate “on an emergency basis,” according to prison reports.

The report showed that Loughner was given a low dose of risperidone, which is used to treat schizophrenia, bipolar disorder, and other mental illnesses. The drug was to be administered twice daily, under the threat of injection with a powerful antipsychotic drug if he refused the oral medication, the defense lawyers said.

Robert Sherwood of the U.S. attorney’s office in Tucson said prosecutors have no role in Loughner’s treatment in prison. However, prosecutors state that the shooter is violent in prison and needs to be forced to take medications. In papers filed to court, prosecutors noted several instances of violence including during an interview.

The interview, administered by the prison psychologist, on March 28 determined whether Loughner was competent to stand trial. During the interview, the inmate “suddenly became enraged, used foul language and hurled a plastic chair against the psychologist.”

On April 4, Loughner spat on one of his attorneys, lunged at her and had to be restrained by staff. A month later, he threw chairs in his cell.

After finding the shooter incompetent, U.S. District Judge Larry Burns asked doctors to try to restore Loughner’s mental health. But, he refused to take his antipsychotic medications.

The Associated Press reports that in court on July 21, Loughner’s attorneys questioned whether the forced medication violates the court’s order. The filings state forced medication was resumed on an “emergency basis” because prison officials said Loughner was a danger to himself.

Prison authorities say he has been on 24-hour suicide watch, even though Loughner denies having suicidal thoughts.

The appeals court’s decision will be reviewed at a hearing scheduled for Aug 29.

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On Wednesday, Jared Loughner was dragged out of the court room in Tucson because of an angry outburst.  After the strange interruption by Loughner, a U.S. District judge Larry Burns ruled that Loughner was mentally incompetent to stand trial.

Loughner is accused of killing 6 and injuring 12 including Congresswoman Gabrielle Giffords in Tucson in January. He has pleaded “Not Guilty” to the 49 counts. During the hearing, Loughner stated, “Thank you for the freak show. She died in front of me.” His words were loud but mumbled, and it wasn’t clear who he was talking about.

The decision means that Loughner will be held in a federal facility for four months in order to restore his competency.  When he is considered competent, he will face trial.  If he is not mentally competent at the end of his stay, the length of time will be extended.  This can be done repeatedly with no time limit. If psychiatrists eventually decide that Loughner’s mental competency cannot be restored, it will be up to the judge whether competency can be restored.   If the judge decides there’s no likelihood of restoration, the judge can dismiss the charges against him. In that case, state and federal authorities can petition to have him civilly committed and could seek to extend that commitment repeatedly, said Heather Williams, a federal public defender in Tucson who isn’t involved in the Loughner case.

Loughner has already spent five weeks in March and April at a federal facility in Springfield, Mo., where he was examined by two court-appointed mental health professionals. The two were asked to determine whether Loughner understands the consequences of the case against him.  The competency reports have not been released.

After the outburst, two marshals standing behind Loughner’s chair grabbed him by each arm and led him from the courtroom. A short recess was held and Loughner returned when he calmed down.  Judge Burns gave him the choice of staying for the proceedings or watching in another room on the closed circuit television.

Loughner’s lawyers haven’t said whether they intend to present an insanity defense. But they noted in court filings that his mental condition will likely be a central issue at trial and described him as a “gravely mentally ill man.”

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Last year’s shooting in Tucson, Arizona that killed six people and left 13 others injured briefly sparked a new debate on gun control in America.  The shooter, an allegedly mentally unstable 22 year old, was able to purchase a semi-automatic handgun legally and carry it legally.  He was also able to purchase an extended magazine that holds 33 rounds legally.

There is a myth that more guns equal a safer nation.  But, there are plenty of numbers that disprove that fact.  The United States is the most heavily armed nation on the planet.  But, we are by no means the safest nation in the world.  In one year, there were 9,484 people killed by guns in the United States.  That same year, 200 died in our neighboring country Canada.  Guns murdered 17 people in Finland, 35 in Australia, 39 in England and Wales, 60 in Spain, and 194 in Germany in the same year.  So, clearly we are not any safer.  More guns equal more gun deaths.  It has been found that higher household gun ownership correlates with higher rates of homicides, suicides, and unintentional shootings.  Gun advocates contend that if guns were made illegal, it would only affect the people who aren’t going to use the gun in a criminal act because criminals will still get their guns illegally.  This may be true, but at least it would be a bit more difficult.  Loughner purchased his gun legally.  The student responsible for the VA Tech massacre purchased his gun legally.  There are countless examples of mass shootings involving a legally bought firearm.

Having a gun for protection is increasingly sounding like an oxymoron.  I know of personal examples where having a gun in the house only ended up with someone in the household dead or injured.  Having a firearm easily accessible means that when people behave impulsively, someone could end up dead.  How many of us have been so angry that, if there was a gun around, we might have brandished it?  Add alcohol, drugs, or mental illness into the mix and it is a recipe for disaster.  There is no reason we need personal guns any longer.  We should leave the protecting to the police and the military because clearly average Americans are not doing a good job protecting themselves.

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