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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 Administration Bans Importation of Russian Ammunition

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Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

The Second Amendment Now Comes with Government-Issued “Harmful Language Alert”

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Monday, September 13, 2021

The Second Amendment Now Comes with Government-Issued “Harmful Language Alert”

The absurdity and dysfunction of the Biden Administration have become so pervasive that it’s easy to become numb to it all. But some things it does are still so outrageous and inconceivable – touching on ...

Atlantic Writer Promotes Culture War on Gun Ownership

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Monday, September 13, 2021

Atlantic Writer Promotes Culture War on Gun Ownership

Canadian-born political commentator and George W. Bush-era speechwriter David Frum has taken a break from promoting actual wars in the Middle East to advocate for a culture war on gun ownership here at home.

Biden Reiterates Call to Ban 9mm Handguns

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Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Texas: Attorney General Ken Paxton's Office Puts Woke Corporations on Notice

Friday, September 10, 2021

Texas: Attorney General Ken Paxton's Office Puts Woke Corporations on Notice

As NRA-ILA reported to you last week, a dozen new pro-Second Amendment bills took effect on September 1, including Senate Bill 19 sponsored by State Sen. Charles Schwertner (R-Georgetown) and State Rep. Gio Capriglione (R-Southlake).  Taxpayer dollars should ...

Trudeau Ramps Up Gun Control Promises, Makes Guns a Wedge Issue

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Monday, September 13, 2021

Trudeau Ramps Up Gun Control Promises, Makes Guns a Wedge Issue

With days to go until the September 20 snap election called by Justin Trudeau, the Liberal Party leader and current Prime Minister, face the possibility of losing seats. As of early September, the Conservative Party had overtaken Trudeau’s Liberals as ...

The Truth about Radicals

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Monday, September 13, 2021

The Truth about Radicals

A once-reputable magazine used gunshot victims as a lever in the debate over medical treatment, using the claims of an untruthful doctor who would, apparently, say anything to advance his public health agenda.

NRA Files Comments Opposing ATF’s “Stabilizing Brace” Proposed Rule

News  

Wednesday, September 8, 2021

NRA Files Comments Opposing ATF’s “Stabilizing Brace” Proposed Rule

As we’ve previously reported, the Biden Department of Justice is threatening to upend the U.S. firearm industry and how Americans exercise their Second Amendment rights.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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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.