Despite no history or tradition of nonviolent felons being stripped of Second Amendment rights, federal courts continue to be slow to catch up to this reality.
The U.S. Tenth Circuit Court of Appeals in February tossed aside a challenge to the federal ban on felons convicted of nonviolent offenses from possessing a weapon.
A Utah woman, Melynda Vincent, was fighting addiction and homelessness in 2008 when she wrote a bad check for less than $500 to a grocery store. She pled guilty and avoided incarceration but was sentenced to probation.
She has since become a success story that should be admired and emulated.
Vincent completed drug treatment and came out clean. She then went on to earn three college degrees and embarked on a career in social work to help those who become mired in the same tragic predicament she found herself in.
As a single mother, she sought permission to exercise her right to self-defense by obtaining a firearm but was denied. Vincent sued in 2020, but a federal judge dismissed her case in 2021, a year before Bruen.
The Tenth Circuit did not care about the nonviolent nature of her nearly two-decade-old felony or her remarkable turnaround.
The appeals court ignored Bruen’s clear standard and instead cited its own precedent, handed down before the Supreme Court’s monumental 2022 decision. The bench should have consulted the Founding Era for guidance in judgment, but it sifted through its records to reach the controversial determination.
Therefore, the 1961 federal law means that Vincent is still denied her Second Amendment rights.
It appears that justice will only be served if or when the issue comes before the high court. Then, a decision could be handed down supporting gun rights for nonviolent felons who have paid their debt to society.
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