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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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Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Thursday, February 5, 2026

Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Today, the Virginia House of Delegates added half a dozen gun control bills to the floor agenda for votes and promptly passed the bills giving little notice to the public.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Thursday, February 5, 2026

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Last night, the New Mexico Senate Judiciary Committee passed an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. We ...

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

Friday, February 6, 2026

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

On Friday, February 6th, the Senate passed Senate Bill 763, which imposes an 11% excise tax on the sale of all firearms and ammunition "by a dealer in firearms, firearms manufacturer, or ammunition vendor," and designates all ...

New Mexico: Sweeping Gun Control Bill Passes Senate

Sunday, February 8, 2026

New Mexico: Sweeping Gun Control Bill Passes Senate

Last night, the New Mexico Senate passed an omnibus gun control package by a vote of 21 to 17 that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability ...

Connecticut: Draconian Pistol Ban Introduced in Hartford

Friday, February 6, 2026

Connecticut: Draconian Pistol Ban Introduced in Hartford

As a new legislative session begins in Connecticut, it certainly feels like Groundhog Day again as Gov. Ned Lamont unveiled his latest swipe at law-abiding gun owners.  The state’s Chief Executive came out of the ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Gun Control on Senate Floor Today

Monday, February 9, 2026

Virginia: Gun Control on Senate Floor Today

Today, February 9th, the Senate will vote on several gun control bills, including the semi-auto and magazine ban and the industry liability bill.

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

News  

Monday, February 2, 2026

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

One bill has stood above the rest for decades as NRA-ILA’s top federal priority, and the New York City Metro area has once again shown why.

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

News  

Monday, February 9, 2026

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

Beginning with the Obama-Biden administration, financial institutions developed a troubled relationship with the firearms industry.

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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.