US Can't Ban Non-violent Offenders From Owning Guns: Appeals Court

[indyblue]

https://www.newsmax.com/newsfront/guns/2023/06/06/id/1122602/

Circuit Judge Thomas Hardiman wrote for the majority on Tuesday that the government had failed to point to any laws from the United States' founding establishing a tradition of disarming non-violent criminals.

Four judges dissented.

"Where, as here, the legislature has made a reasonable and considered judgment to disarm those who show disrespect for the law, it is not the place of unelected judges to substitute that judgment with their own," wrote Circuit Judge Cheryl Ann Krause, one of the dissenters.

 

[55fairlane]

What is a "non-violent offensive "

 

[indyblue]

What is a "non-violent offensive "

The decision stems from a 2020 lawsuit by a Pennsylvania man, Bryan Range, who was barred under federal law from possessing a gun after pleading guilty to welfare fraud. He claimed the prohibition violated his right to bear arms under the Second Amendment of the U.S. Constitution.

 

[55fairlane]

Welfare fraud....probably shouldn't own a gun....what else has he been fraudulent with?

 

[NHT3]

What is a "non-violent offensive "

Exactly.. some claim that looting and burning cities, among other crimes are non violent if no one was injured.

 

[KellyinAvon]

What is a "non-violent offensive "

Taking a truckload of aluminum cans into Michigan from another State for the 10 cent deposit.

 

[indyblue]

I take it @55fairlane is not ok with (relatively) minor civil offenders retaining their 2A rights.

Wasn't there a recent thread discussing this very thing? Overall I see this as a win.

 

[foszoe]

Taking a truckload of aluminum cans into Michigan from another State for the 10 cent deposit.

Did Guy get that expunged for you?

 

[DadSmith]

https://www.newsmax.com/newsfront/guns/2023/06/06/id/1122602/

I'm in agreement with this ruling.
If a person has a non violent felony they should not be deprived of their 2nd Amendment right.

 

[indyblue]

I'm in agreement with this ruling.
If a person has a non violent felony they should not be deprived of their 2nd Amendment right.

According to the article, this was not even considered a felony. Just a multiyear misdemeanor offense.

Such crimes are usually felonies, but the law also includes some state misdemeanors, like Range's.

 

[DadSmith]

According to the article, this was not even considered a felony. Just a multiyear misdemeanor offense.

Article says "non-violent crimes" if that is accurate than non violent felony charges should be included.


Edit:

I'll add that it was a good thing that Trump filled many of the court seats with hopefully constitutional, freedom loving judges.
It sure seems to be paying off now.
We do owe this to Trump imo.

 

[Angrysauce]

2A Absolutist
unless...
HE'S A WELFUR QUEEN LIBRUL. BURN'M AT THE STAKE.
*insert spit filled lip smacking*

 

[Kirk Freeman]

Range v. Lombardo, en banc panel of the Third Circuit Court of Appeals (DE, NJ, PA) holds that 18 USC §922(g)(1) (felony prohibition) AS TO Mr. Range who was convicted of Welfare Fraud in 1995 is unconstitutional.

(g)(1) represents a very large slice of the pizza of federal prosecutions. Remember the statute includes all felonies but for Anti-Trust Violations and Unfair Trade and everything is a felony (including strange things like improperly labeling lobsters or importing orchids without a tax payment).

Every single Federal Public Defender this weekend:

https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1686067448/Range_v_Garland_En_Banc_Opinion.pdf?1686067448&fbclid=IwAR32UF9aYt-GIgOTHUnkDFeegOXP_FbxRewqNHPOtpwk-9B6pG1bT9sabNk

 

[Tripp11]

I wonder what this will mean, if anything, to those non-violent felons convicted in federal courts across the country and their 2A rights. The ATF, decades ago, used to review reinstatement applications for non-violent felons; however, that department hasn't seen funding since the 1980's I believe - and that process allowed one or a group of ATF officials to choose winners and losers. Perhaps one day they will have a felony classification of either "violent" or "non-violent" and any non-violent felony conviction would mean 2A rights remain.

 

[BJHay]

A Harvard professor named Harvey Silverstein wrote a book years ago about how most professionals unknowingly commit three felonies a day.

"In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. Jan 5, 2019"

 

[Tripp11]

Bryan Range, in the above mentioned case, pled guilty to one count of making a false statement to obtain food stamps assistance.

 

[marvin02]

The person in this case wasn't even convicted of a felony:

When Range pleaded guilty in 1995, his conviction was
classified as a Pennsylvania misdemeanor punishable by up to
five years’ imprisonment. That conviction precludes Range
from possessing a firearm because federal law generally makes
it “unlawful for any person . . . who has been convicted in any
court, of a crime punishable by imprisonment for a term
exceeding one year” to “possess in or affecting commerce, any
firearm or ammunition.” 18 U.S.C. § 922(g)(1). Although state
misdemeanors are excluded from that prohibition if they are
“punishable by a term of imprisonment of two years or less,”

 

[KellyinAvon]

Range v. Lombardo, en banc panel of the Third Circuit Court of Appeals (DE, NJ, PA) holds that 18 USC §922(g)(1) (felony prohibition) AS TO Mr. Range who was convicted of Welfare Fraud in 1995 is unconstitutional.

(g)(1) represents a very large slice of the pizza of federal prosecutions. Remember the statute includes all felonies but for Anti-Trust Violations and Unfair Trade and everything is a felony (including strange things like improperly labeling lobsters or importing orchids without a tax payment).

Every single Federal Public Defender this weekend:

View attachment 280227

https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1686067448/Range_v_Garland_En_Banc_Opinion.pdf?1686067448&fbclid=IwAR32UF9aYt-GIgOTHUnkDFeegOXP_FbxRewqNHPOtpwk-9B6pG1bT9sabNk

So the entire 3rd Circuit will overturn the en banc decision... then on to SCOTUS?

 

[DeadeyeChrista'sdad]

Good. This blanket overreach has to stop.

 

[edwea]

I'm not a legal eagle. Help me understand how this applies to 2a.