Bryan Range committed a felony under existing law in the 1990s; that much is agreed on. He lied to receive food stamps.
As part of his punishment, the Pennsylvania man suffered permanent disarmament. But now, the Third Circuit once again ruled that this penalty has no basis in the historical tradition of U.S. gun laws and tossed the prohibition aside.
A full panel of the appeals court, by a convincing 13-2 margin, determined that Range should not have suffered a lifetime ban on possessing weapons for such a non-violent offense.
Range v. Garland was also decided in the plaintiff’s favor last year.
Now, Judge Thomas Hardiman wrote that the penalty far exceeded the crime.
“We agree with Range that, despite his false statement conviction, he remains among ‘the people’ protected by the Second Amendment,” Hardiman declared. “And because the Government did not carry its burden of showing that the principles underlying our Nation’s history and tradition of firearm regulation support disarming Range, we will reverse and remand.”
While upholding the previous Third Circuit determination clarified at least one case, the overall issue remains uncertain.
In Rahimi, the U.S. Supreme Court upheld the federal gun ban for those subject to domestic violence restraining orders. Does this mean that the federal prohibition on non-violent felons possessing firearms stands?
Rulings on the controversy are decidedly mixed, and the issue will likely be clarified only by the high court.
As for the most recent decision on the issue, Hardiman called on Rahimi to justify returning the plaintiff’s gun rights.
“Rahimi did bless disarming (at least temporarily) physically dangerous people,” the judge wrote. “But the Government does not try to justify disarming Range on this ground, and with good reason: it has no evidence that he poses a physical danger to others or that food stamp fraud is closely associated with physical danger.”
Stay tuned.
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