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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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Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Columnist thinks gun owners can be shamed out of their rights

News  

Monday, March 20, 2023

Columnist thinks gun owners can be shamed out of their rights

At least one of the joyless scolds that predominate in gun control circles thinks they’ve stumbled onto a novel anti-gun tactic. According to Colorado Newsline Editor Quentin Young, gun control supporters should try to shame gun ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

Friday, March 17, 2023

Washington: Senate Committee Hearing California-Style Gun Ban & Waiting Period Bills

On March 23rd, at 8:00AM, the Senate Committee on Law & Justice will hear House Bill 1240, a comprehensive gun ban bill, and House Bill 1143, to impose a waiting period and training mandate for acquiring ...

U.S. Taxpayers Funding “Red Flag” Gun Confiscation Orders

News  

Monday, March 20, 2023

U.S. Taxpayers Funding “Red Flag” Gun Confiscation Orders

Texans are paying for so-called “Red Flag” gun confiscation orders in New York. North Carolinians are bankrolling Extreme Risk Protective Orders (ERPOs) in New Jersey. Louisianans are footing the bill for gun confiscation orders in Maryland.

The New Mexico Legislature Finishes Its 2023 Regular Session

Sunday, March 19, 2023

The New Mexico Legislature Finishes Its 2023 Regular Session

The New Mexico Legislature wrapped up at noon on Saturday, March 18.  Below is a list of gun control bills which passed and extreme anti-gun legislation which NRA-ILA worked to defeat with pro-Second Amendment lawmakers, members of the firearms ...

Washington: Updates on Anti-Gun Bills

Tuesday, February 28, 2023

Washington: Updates on Anti-Gun Bills

Three major anti-gun bills still remain active in the Legislature, while others are likely defeated for the session. The NRA provided testimony and strong, united opposition to these bills throughout the legislative process thus far.

Florida: House Judiciary Passes Constitutional Carry

Tuesday, February 21, 2023

Florida: House Judiciary Passes Constitutional Carry

Today, the House Judiciary Committee voted 17-6 to advance House Bill 543, the constitutional carry bill. It will now go to the House floor for debate.

Michigan: Senate Passes Gun Control Schemes

Thursday, March 16, 2023

Michigan: Senate Passes Gun Control Schemes

Today, the Senate passed anti-gun bill packages to criminalize private transfers, require firearms be made unavailable for self-defense, and allow Second Amendment rights to be suspended without due process. They will now move to the House for further ...

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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.