Third Circuit Declares Federal Gun Law Unconstitutional Over

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Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby jdege on Wed Jun 07, 2023 11:58 am

https://jonathanturley.org/2023/06/07/locked-and-loaded-third-circuit-declares-federal-gun-law-unconstitutional-over-ex-felon-rights/
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.

[...]

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.
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby Grayskies on Wed Jun 07, 2023 4:27 pm

jdege wrote:https://jonathanturley.org/2023/06/07/locked-and-loaded-third-circuit-declares-federal-gun-law-unconstitutional-over-ex-felon-rights/
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.

[...]

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.


I'm told this only applies to him.
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby bstrawse on Wed Jun 07, 2023 5:03 pm

At present, the decision pertains only to him.

The lawyers in the case are the same lawyers the Caucus uses for federal litigation.

Bryan
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby Grayskies on Wed Jun 07, 2023 5:21 pm

bstrawse wrote:At present, the decision pertains only to him.

The lawyers in the case are the same lawyers the Caucus uses for federal litigation.

Bryan


This comes across to me as; How much rights can a person afford, can you live long enough to win, and is winning even possible. Let's make it as expensive as possible and delay the outcome for as long as possible as they pass new unconstitutional laws so they can start litigation all over again. They help themselves to our tax dollars having unlimited funds while normal people have issues affording egg.
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby bstrawse on Wed Jun 07, 2023 5:45 pm

Grayskies wrote:
bstrawse wrote:At present, the decision pertains only to him.

The lawyers in the case are the same lawyers the Caucus uses for federal litigation.

Bryan


This comes across to me as; How much rights can a person afford, can you live long enough to win, and is winning even possible. Let's make it as expensive as possible and delay the outcome for as long as possible as they pass new unconstitutional laws so they can start litigation all over again. They help themselves to our tax dollars having unlimited funds while normal people have issues affording egg.


Yes, winning is possible. This case illustrates that. This case and plaintiff were deliberately chosen with this outcome in mind.

Litigation is like a chess game - it requires a long view and a lot of patience.

I wish it wasn't like that - but it is.

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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby Grayskies on Wed Jun 07, 2023 6:46 pm

How many will die or be injured as we spend mountains of cash with lawyers, as lawyers, judges and politian’s (mostly lawyers) play these games?

Chess is a game. Debate in court of fundamental enumerated rights is not a game, and while lawyers get rich and powerful playing these games, peoples lives get ended and destroyed.

Perhaps when people treat these as a matter of life and death, and stop treating it as a game, things will change?
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby bstrawse on Wed Jun 07, 2023 7:25 pm

Grayskies wrote:How many will die or be injured as we spend mountains of cash with lawyers, as lawyers, judges and politian’s (mostly lawyers) play these games?

Chess is a game. Debate in court of fundamental enumerated rights is not a game, and while lawyers get rich and powerful playing these games, peoples lives get ended and destroyed.

Perhaps when people treat these as a matter of life and death, and stop treating it as a game, things will change?


I don't think of this as a game - but I'm giving you the reality of the world we live in right now. We can't just walk into court and say "shall not be infringed" and win - as much as I wish we could.
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby Grayskies on Wed Jun 07, 2023 7:37 pm

bstrawse wrote:
Grayskies wrote:How many will die or be injured as we spend mountains of cash with lawyers, as lawyers, judges and politian’s (mostly lawyers) play these games?

Chess is a game. Debate in court of fundamental enumerated rights is not a game, and while lawyers get rich and powerful playing these games, peoples lives get ended and destroyed.

Perhaps when people treat these as a matter of life and death, and stop treating it as a game, things will change?


I don't think of this as a game - but I'm giving you the reality of the world we live in right now. We can't just walk into court and say "shall not be infringed" and win - as much as I wish we could.

Not being personal, just sick of the BS and games. It's not helping I'm on steroids.

I think there will be a time to draw a line and say no more, you can't build enough prisons to hold all of us. I hope we never get there God willing, but my faith in people is not in a good place these days.
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Re: Third Circuit Declares Federal Gun Law Unconstitutional Over

Postby Lumpy on Thu Jun 08, 2023 9:01 pm

Despite the letter of the Second Amendment, the declared intent of those who drafted and ratified it in their own words, and the long history supporting it as a fundamental right, the sad fact is that the twentieth century saw the Second Amendment incrementally being nearly interpreted out of existence. By the 1990s a Yale Law Review article called it "The Embarrassing Second Amendment", and generations have grown up taking gun control for granted. Laws almost without exception ratchet one-way towards greater prohibition. We're now having to try to claw back the freedoms our ancestors took for granted.

Whatever isn't exercised withers away; this includes liberties.
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