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Federal Court Holds Some Lifetime Firearm Prohibitions Unconstitutional

Friday, September 9, 2016

Federal Court Holds Some Lifetime Firearm Prohibitions Unconstitutional

On Wednesday, the United States Court of Appeals for the Third Circuit held that some individuals who have been denied their right to keep and bear arms might be able to recover their rights.  

Unlike the rights to vote or to hold public office, which are often restored upon completion of sentence, restrictions on the right to keep and bear arms last long after completion of sentence and often extend to a lifetime ban.  This is the case for even some non-violent misdemeanor convictions, and that is what the plaintiffs in this case challenged.  

While the federal prohibition on criminals possessing firearms is often described as applying to felons, it actually applies to certain misdemeanors as well, including non-violent ones.  And the prohibition applies even where the actual sentence doesn’t include any amount of imprisonment. 

The plaintiffs in this case completed their sentences (which didn’t include imprisonment), went on to live law-abiding lives for many years, and even had their firearm rights restored under Pennsylvania law.  However, due to a convoluted interpretation by federal courts, the federal prohibition on firearm possession can continue to apply even after a person has had their rights restored by their state. 

Given these facts, the Third Circuit found that the plaintiffs had “[distinguished] their crimes of conviction from those that historically led to exclusion from Second Amendment protections.”  With their Second Amendment rights intact, the government had the burden to prove a governmental interest in continuing to apply the complete firearm prohibition to the plaintiffs.  The court held that the government failed to meet this burden because it provided little evidence that the plaintiffs presented any danger to society. 

The potential for review of this case by the Supreme Court reaffirms the importance of filling the late Justice Antonin Scalia’s still-vacant spot on the Court with a justice who will be a stalwart defender of the right to keep and bear arms. 

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Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

Friday, January 10, 2025

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

The Washington State legislature is wasting no time in their efforts to erode your Second Amendment rights. The legislature will convene the 2025 session on Monday and has already scheduled a committee hearing for a "gun-free" zone ...

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

News  

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Interest in Firearms Training Increasing in Finland

News  

Monday, January 13, 2025

Interest in Firearms Training Increasing in Finland

Finland is not great when it comes to regulating guns.  Like most of Europe, there are a great many restrictions, such as permit, registration, training, and storage requirements, as well as limitations on the types ...

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.