June 6 (Reuters) – The U.S. government cannot ban people convicted of non-violent crimes from possessing guns, a federal appeals court ruled on Tuesday.
The 11-4 ruling from the Philadelphia-based 3rd U.S. Circuit Court of Appeals is the latest defeat for gun control laws in the wake of a U.S. Supreme Court ruling last year expanding gun rights nationwide.
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.
US cannot ban people convicted of non-violent crimes from owning guns-appeals court | Reuters
This is monumental. I have been a supporter of allowing Non-violent felons for a long while now and besides the obvious rectification of Civil Rights violations, the cascade of crap that is sure to come and bathe government and Liberals is to be put on Pay-Per-View.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces federal gun laws, declined to comment.
(IANAL WARNING)
I believe they will do their hardest to appeal and hopefully they will lose big time. Now just imagine the herculean labor that will represent to clear federal databases of non-violent felons or be subjected to massive quantities of lawsuits for violations of civil rights by the millions of individuals who were not able to complete a NICS checks because of some petty shit taken to Felony by local or federal governments. And that is not all: Anybody (a minority for sure) who got indicted/prosecuted/incarcerated for trying to buy a gun while being a non-violent felon may have a chance to sue the government for not only violating Civil Rights but costs, loss of income and wrongful imprisonment may be added to the legal cauldron.
It would be a cataclysmic legal clusterflock. This may end up clogging the ATF and the FBI for decades…which overall, does not seem like a bad idea after all.
Here is to it happening.
When was the last time ANYONE was prosecuted for trying to buy a gun despite being a prohibited person?
About 4% of all cases goes to prosecution IIRC.
Here in Maine I know 2 people who are “felons”, one caught operating an unregistered ATV (3 times- 3strikes law)… one operating after suspension,3 times… see?? The 3 strikes law WORKS!! It has prevented 2 “bad” people from owning guns…
Honestly, I’m a little torn on this one, for two reasons.
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First, how many actual violent felons were able to plead down to charges that would put them in the “non-violent” category? Especially these days, in cities with Prosecution by Soros ™?
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Second, I think there are crimes for which voting rights should be permanently removed, even if not a felony conviction. For instance, illegal immigrants. Breaking that law becomes a felony only on the second entry. But if you’re going to start your residency in this country by breaking its laws, I’m really not comfortable with you having the vote, eventual citizen or not, because of the fundamental disconnect.
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Quite possibly an unpopular opinion, so, flame away. 🙂 I’m willing to be convinced I’m wrong.
Not going to flame you Boris, I agree.
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I want this to proceed for all the reasons Miguel states above, but there is a matter of responsibility, and demonstrated good judgement. Sorry, but most people convicted of felonies are not exactly responsible citizens. Unless they have demonstrated their desire to be a law abiding and responsible individual (how to test that aside from avoiding another conviction, I do not know.) I think a blanket amnesty is not automatically a good idea.
Blood will be running in the streets! Won’t anyone think of the children!!!
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Seriously, I am with Boris on this one. A bit torn.
First of all, I agree, an automatic ban for life because you stepped across some (arbitrary) line is wrong. Non-violent felonies happen all the time, and the overwhelming majority of the time, no one is hurt, no one cares. Heck, half the time, the “felon” does not even know they broke the law. (Ham Sandwich Nation). Who hasn’t worked “under the table” to avoid paying taxes at least once in their lives? Other examples abound.
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But… if you commit a felony, or do something so stupid that it becomes a felony, I really have to question your judgement. If you operate an unregistered ATV and get caught more than once, sorry… not sure I want you to be in possession of a firearm. In my opinion, you are too stupid to be allowed to leave the house unaccompanied, but I do not really know the details. Same with most other non-violent felonies. Tax fraud? Odds are if there is a conviction, it was not an accident, nor your first time. You are a moron, and should not be allowed to use anything more dangerous than children’s scissors.
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The automatic ban for life is, in my opinion, absolutely wrong. It should not exist, even for some violent felons. But a blanket amnesty for all non-violent felons? What is the real test of whether they are responsible enough to own a gun? Simply the charge? The criminal statute violated? Aside from the conviction itself, what else? Time after prison? Good behavior? Statement from the sentencing judge?
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And, I know, lots of violent people out there passing background checks because they were never caught or convicted. How is this different? Because these people have publicly demonstrated a lack of responsibility. They broke the law in a severe enough manner to get convicted of a felony. The difference is the record.
I too am a bit torn on this… the point I was making is how easy it is to be a “felon”. Both the ones I mentioned are a bit numb(!)..heh. To me this is back door gun control, the more people prosecuted for “felonies” the more people can’t have guns(and We the People know how well criminals obey laws…another “felony” here- criminal speeding, 30 mph or more over speed limit. Used to be stupid money fine and license suspended…now, IF you get stopped, you get arrested and hauled off.. convicted? Instant felon..