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- Disarming a Man Based On a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules
Disarming a Man Based On a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules
The decision highlights the injustice of a federal law that bans gun possession by broad categories of “prohibited persons.”
by Jacob Sullum Reason.com
Back in 1995, Bryan Range pleaded guilty to fraudulently obtaining $2,458 in food stamps by understating his income. He returned the money, paid a $100 fine and $288 in court costs, and served three years of probation.
Although Range did not realize it, that Pennsylvania misdemeanor conviction also came with a lifelong penalty: Under federal law, he lost the right to own firearms. That disability, the U.S. Court of Appeals for the 3rd Circuit ruled yesterday in Range v. United States, is inconsistent with the constitutional right to keep and bear arms.
The 3rd Circuit applied the test that the Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen, which rejected a state law requiring that residents demonstrate “proper cause” to carry guns in public for self-defense.