Explore The NRA Universe Of Websites

APPEARS IN News

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. 

TRENDING NOW
CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

Friday, July 14, 2017

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

On Friday, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018. Included in the bill is a provision that would make U.S. Army surplus 1911 .45 ACP ...

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

News  

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed ...

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

Monday, July 17, 2017

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

On Wednesday, July 19, anti-gun bills SB 464 and SB 497 are scheduled to be heard in the Assembly Appropriations Committee at 9AM in State Capitol room 4202.  Assembly Bill 424 remains eligible for third ...

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Friday, July 14, 2017

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Apparently, Michael Bloomberg is good at counting money but not so good at counting votes. This week, Breitbart reported that Everytown for Gun Safety, Michael Bloomberg’s gun ban conglomerate, was claiming a “win” for congressional ...

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

News  

Friday, July 14, 2017

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

The United States Department of Homeland Security (DHS) advises persons at risk of harm from an active shooter to “Run, Hide, Fight” (in that order), recommending “fight” – incapacitating or “attempt[ing] to take the active ...

Commerce Subcommittee Chairman John Culberson Steers Pro-Gun Spending Bill to House Floor

Friday, July 14, 2017

Commerce Subcommittee Chairman John Culberson Steers Pro-Gun Spending Bill to House Floor

On Thursday, the House Committee on Appropriations approved the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill, which funds various federal agencies, including the U.S. Department of Justice, for the next year. The bill ...

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.

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

Tuesday, July 18, 2017

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

On Friday, July 14th, the California Department of Justice, Bureau of Firearms (“DOJ”) claims to have released its anticipated proposed regulations for the issuance of ammunition vendor licenses.  Under the Administrative Procedure Act, a government ...

Massachusetts: Suppressor Legalization Legislation to be Heard by Committee

Friday, July 14, 2017

Massachusetts: Suppressor Legalization Legislation to be Heard by Committee

On Tuesday, July 18, the Massachusetts Joint Committee on the Judiciary is scheduled to consider both H.763 and H.789.  Please contact members of the Joint Committee on the Judiciary and urge them to support H.763 ...

California: Help Save Cordova Shooting Center

Tuesday, July 18, 2017

California: Help Save Cordova Shooting Center

Tomorrow, July 19, the Cordova Recreation and Park District (CRPD) Board of Directors are scheduled to vote on the future of the Cordova Shooting Center. 

MORE TRENDING +
LESS TRENDING -
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.