Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights
Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § 922(g)(1), which bars ex-felons from possession of firearms. While it is always risky to bet on granting of review before the Supreme Court, this en banc decision is well positioned for a Supreme Court showdown over the Second Amendment.
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In this case, Bryan David Range pleaded guilty in the Court of Common Pleas of Lancaster County to one count of making a false statement to obtain food stamps. He later explained that he was earning between $9.00 and $9.50 an hour to support his wife and three young children on $300 per week. Range’s wife applied for food stamps but understated Range’s income, which she and Range signed. Range later took responsibility for the misrepresentation.
Range received three years’ probation (which he completed) and had to pay thousands in fines. However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. That triggered the federal ban. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. District Judge Gene E.K. Pratter ruled against him.