US Appeals Court Rules Against Ban on Gun Ownership: The decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia, by a vote of 11 to 4, is the latest setback for gun control laws in the aftermath of a U.S. Supreme Court ruling last year expanding gun rights nationwide. The decision arises from a lawsuit filed in 2020 by Bryan Range, a Pennsylvania man who was prohibited by federal law from possessing a firearm after pleading guilty to welfare fraud.
A federal appeals court ruled on Tuesday that the U.S. government cannot prohibit non-violent offenders from possessing firearms. The decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia, by a vote of 11 to 4, is the latest setback for gun control laws in the aftermath of a U.S. Supreme Court ruling last year expanding gun rights nationwide.
US Appeals Court Rules Against Ban on Gun Ownership
The decision arises from a lawsuit filed in 2020 by Bryan Range, a Pennsylvania man who was prohibited by federal law from possessing a firearm after pleading guilty to welfare fraud. He argued that the ban violated his right to keep and bear arms under the Second Amendment to the United States Constitution. Peter Patterson, Range’s attorney, stated in an email. “We are ecstatic that the 3rd Circuit has vindicated our client’s rights by applying the Supreme Court’s ruling faithfully.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the federal agency responsible for enforcing gun regulations, declined to comment. In 1995, Range pled guilty in Pennsylvania to welfare fraud in order to obtain $2,458 in food stamps. A misdemeanour is punishable by up to five years in prison. The judge placed him on three years of probation.
People convicted of offences punishable by more than one year in prison are prohibited by federal law from possessing firearms. Typically, such offences are felonies, but the law also encompasses state misdemeanours like Ranges. A federal magistrate ruled against Range in 2021. In June, however, the United States Supreme Court
The court ruled that the Second Amendment safeguards the right of individuals to carry firearms for self-defence in public. That any restrictions on this right must be consistent with the nation’s historical tradition of gun control.
Tuesday, Chief Judge of the Third Circuit Michael Chagares wrote for the majority that the government had failed to cite any founding-era statutes that established a tradition of disarming nonviolent felons. Four justices dissented.
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