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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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Friday, July 17, 2026

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In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

Friday, July 17, 2026

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

House and Senate leadership have appointed members to the Committee of Conference for Senate Bill 3064, which includes, among other things, a lifting of the ban on Sunday hunting and expansions for archery hunting.

U.S. House Passes Legislation to Block Credit Card Gun Registry

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Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Trump Reinforces Support for the Second Amendment During National AM250 Address

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Monday, July 13, 2026

Trump Reinforces Support for the Second Amendment During National AM250 Address

It may not need to be said, but we’ll keep saying it: Donald Trump is the most pro-Second Amendment president in the NRA’s history of protecting the right to keep and bear arms.  While the nation ...

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

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Monday, July 13, 2026

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

Last week, NRA filed its first round of comments in response to ATF’s comprehensive regulatory overhaul. NRA’s latest input shows the Association’s efforts coming full circle.

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

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Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

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Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

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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.