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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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Monday, November 3, 2025

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

After the nasty tricks of the Biden-Harris administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to hand out treats under President Trump.

Everytown Gun “Safety” Course: We Told Ya So

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Monday, November 3, 2025

Everytown Gun “Safety” Course: We Told Ya So

A few weeks ago, we mentioned that the anti-gun extremists at Everytown were ready to launch their own gun “safety” course. 

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

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Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Trump DOJ Continues to Support the Second Amendment in the Courts

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Monday, November 3, 2025

Trump DOJ Continues to Support the Second Amendment in the Courts

Earlier this year, the U.S. Attorney for the District of Columbia, Jeanine Pirro, announced a critical change to policies affecting gun rights in Washington D.C.

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

News  

Monday, November 3, 2025

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

Last week, the Wall Street Journal (WSJ) published an article entitled, “Six Words Every Killer Should Know: ‘I Feared for My Life, Officer.” Using a mis-mash of half-baked statistics, legal misinformation, and cherry-picked anecdotes, it ...

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

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Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

Maine: Tomorrow is Election Day - OPPOSE QUESTION 2!

Monday, November 3, 2025

Maine: Tomorrow is Election Day - OPPOSE QUESTION 2!

TOMORROW, NOVEMBER 4th, is ELECTION DAY IN MAINE AND YOUR RIGHTS ARE ON THE BALLOT. Find your polling place here: triggerthevote.org

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

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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.