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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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Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

U.S. House Removes Anti-Hunting Language from Farm Bill

News  

Monday, April 20, 2026

U.S. House Removes Anti-Hunting Language from Farm Bill

Last week, legislators on Capitol Hill delivered a significant victory for hunters and Second Amendment supporters by securing a critical fix to the House Farm Bill (Farm, Food and National Security Act of 2026).  

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

News  

Monday, April 20, 2026

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

The decades long discriminatory tension between the financial sector and the firearm industry underwent a positive shift with a final rule published on April 10 by the Office of the Comptroller of the Currency (OCC) and the ...

Swalwell’s Career Gets Nuked

News  

Monday, April 20, 2026

Swalwell’s Career Gets Nuked

One of the most rabidly anti-gun U.S. representatives, Eric Swalwell (D-Cal.), resigned from office last week under a disturbing cloud of accusations. These allegations included claims of sexual misconduct, and even sexual assault.

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Wednesday, April 22, 2026

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Today, April 22nd, during the General Assembly's reconvened session, the House and Senate passed by Governor Spanberger's amendments on SB749/HB217 and SB173/HB229. 

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

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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.