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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from Bruen, the court limited automatic application of 18 U.S.C. §922, rejecting the Justice Department's reliance on outdated "habitual drunkard" statutes to justify disarming nonviolent offenders.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.
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Court rules man with drunk driving convictions can’t be stripped of gun rights - The Daily Bo Snerdley
A federal appeals court ruled Tuesday that multiple drunk driving convictions were not sufficient to strip a person’s gun rights. Under 18 USC 922(g)(1), which passed as part of the Gun Control Act of 1968, those convicted of a crime where they could be sentenced to more than a year in prison are prohibited from possessing firearms. The United States Court of Appeals for the Third Circuit upheld a district court’s ruling that dismissed charges u…
Coverage Details
Total News Sources14
Leaning Left0Leaning Right10Center3Last UpdatedBias Distribution77% Right
Bias Distribution
- 77% of the sources lean Right
77% Right
C 23%
R 77%
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