A federal appeals court has struck down a long-standing firearms ban for non-violent felons, potentially reshaping Second Amendment interpretations across the nation.
At a Glance
- The Third Circuit Court of Appeals ruled that a non-violent felon cannot be barred from firearm ownership under federal law
- The decision was made by a 13-2 majority, reaffirming an earlier ruling
- The case focused on Bryan Range, convicted of food stamp fraud
- This ruling could have significant implications for Second Amendment jurisprudence
- Dissenters warn of potential “far-reaching consequences”
Third Circuit Overturns Firearms Ban
In a landmark decision, the Third Circuit Court of Appeals has overturned the federal firearms ban for non-violent felons. The ruling, made by a 13-2 majority, focused on the case of Bryan Range, who had been convicted of food stamp fraud in Pennsylvania. The court found that the “felon-in-possession ban” under 18 U.S.C. § 922(g)(1) was unconstitutional as applied to Range, who has no history of violence.
“We agree with Range that, despite his false statement conviction, he remains among ‘the people’ protected by the Second Amendment,” the Third Circuit’s majority opinion stated.
This decision comes after the U.S. Supreme Court had previously vacated and remanded an earlier ruling for reconsideration. Despite this, the Third Circuit maintained its position, asserting that the statute lacks historical support in Range’s case.
Implications and Dissenting Opinions
While the court emphasized the narrow scope of its decision, focusing on Range’s individual circumstances, the ruling has sparked debate about its potential wider impact. Judge Patty Schwartz, in her dissenting opinion, warned of “far-reaching consequences” and argued that the decision rejects historical support for disarming non-violent felons.
“The Majority’s ruling is not cabined in any way and, in fact, rejects all historical support for disarming non-violent felons,” Judge Patty Schwartz said.
The decision highlights ongoing uncertainty regarding the implications of recent Supreme Court rulings for Second Amendment jurisprudence. It also creates a circuit split, as three other circuits have upheld the federal ban on firearm possession by felons.
Similar Rulings and Broader Implications
The Third Circuit’s decision is not isolated. Recently, the 9th U.S. Circuit Court of Appeals reversed the conviction of a California man with five nonviolent felony convictions for possessing a handgun, further challenging the federal “felon-in-possession” law. This ruling aligns with the Third Circuit’s decision and could potentially impact hundreds of firearms-related convictions.
Both decisions are based on the “history and tradition” standard established in the 2022 Supreme Court case New York Rifle and Pistol Association v. Bruen. This approach requires gun regulations to be consistent with the Second Amendment’s historical understanding, a standard that is proving challenging to apply consistently across different circuits.
Future Considerations
Legal experts anticipate that these rulings will lead to further legal challenges and potentially result in the Supreme Court providing additional guidance on the scope of Second Amendment protections. The upcoming decision in U.S. v. Rahimi, a case dealing with firearm restrictions for individuals under domestic violence restraining orders, may offer some clarification.
