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US appeals court limits felon gun ban, allows for violent cases
The court said historical tradition limits how far the federal ban can reach and left room to disarm violent offenders.
On Tuesday, the Third Circuit ruled the federal felon-in-possession ban unconstitutional as applied to Edward Williams, finding his two early-2000s DUI convictions did not justify permanent disarmament under the Second Amendment.
Applying the Supreme Court's "history-and-tradition" test from Bruen, the court limited automatic application of 18 U.S.C. §922, rejecting the Justice Department's reliance on outdated "habitual drunkard" statutes to justify disarming nonviolent offenders.
In a separate ruling, the court upheld the firearms ban for another defendant whose violent record demonstrated the court's focus remains on dangerousness rather than blanket repeal; Judge Paul Matey distinguished the cases on this basis.
Prosecutors must now meet a higher evidentiary burden to justify permanent disarmament for nonviolent offenders; the court found Williams poses no present threat, clarifying the Second Amendment protects individuals lacking violence history.
The decision reinforces that courts must conduct rigorous historical analysis in future Second Amendment challenges; while the federal ban remains baseline law, government must demonstrate historical tradition supports disarming specific nonviolent groups.