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Huge Victory For Gun Rights
Clarence:
The 3rd Circuit Court of Appeals ( Philadelphia) has ruled that nonviolent felons cannot be denied their 2nd Amendment rights. 11-4
https://www.reuters.com/world/us/us-cannot-disarm-people-convicted-non-violent-crimes-appeals-court-2023-06-06/
This is a big win in a heretofore anti-gun court thanks to the Bruen decision.
Millions of citizens will no longer be denied their right because of non violent crimes years ago.
One beneficiary of this might be Hunter Biden as charges against him are being contemplated as a drug user in possession. It’s hilarious that his lawyers would use a Supreme Court decision (Bruen)that his father said “contradicts both common sense and the Constitution” to save his precious sonny boy.
https://www.politico.com/news/2023/06/01/hunter-biden-supreme-court-second-amendment-00099544
Oaklandopen:
I think they were already going to claim 2A doesn't cover drug usage if they do end up trying to hold him to that. Such a lose lose for Joe and his anti gun shenanigans.
Just Bill:
Not sure about that, they are non-violent until they aren't??? Then they let them go anyhow????
Clarence:
So many laws are now felonies that the term has actually lost its meaning. There are people denied purchase of a firearm for marijuana possession 50 years ago. There was a case that was upheld (pre Bruen) of a guy denied a firearm for life because he was caught making bootleg cassette tapes 40 years ago.
Everyone wants to keep firearms out of the hands of the truly dangerous but lifetime bans for a constitutional right for some pot or other non violent offenses after the debt has been paid is ridiculous and wrong
Another example: In Virginia 20 miles over the speed limit is reckless Driving. Used to be classed as felony.
MarcWinkman:
This is a lot more nuanced than it appears. The offense for which Range was convicted is a PA state misdemeanor of the first degree meaning it carries a maximum penalty of more than one year in prison (if I recall correctly, the statute calls for up to four years). It is a non-violent offense, but not at the felony level under PA statutes. How this will affect non-violent FELONIES, however, remains to be seen. It would certainly be worth looking at the full opinion on the Third Circuit's website.
With respect to what impact this will have on drug offenses, that's anyone's guess. Under Title 16 of the Delaware Code, there are both violent and non-violent drug offenses. A lot of the differentiation comes down to what the particular drug is and whether it meets a specific tier weight requirement under the Statutory guidelines.
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