\n<\/p>\n
A Pennsylvania man who pled guilty to food stamp fraud back in 1995 got a great Christmas present two days early.<\/p>\n
Bryan Range had been denied his right to keep and bear arms for nearly 30 years. But on December 23, the 3rd<\/sup> Circuit Court of Appeals reaffirmed its earlier ruling that a person who commits a \u201cnonviolent, nondangerous misdemeanor\u201d and hasn\u2019t been incarcerated cannot be deprived of his or her Second Amendment rights.<\/p>\n Range\u2019s conviction was classified as \u201ca Pennsylvania misdemeanor punishable by up to five years\u2019 imprisonment.\u201d Since federal law generally makes it illegal for anyone convicted of a crime punishable by imprisonment for over one year, Range wasn\u2019t able to possess or purchase a firearm.<\/p>\n In June 2023, the 3rd<\/sup> Circuit Court of Appeals restored Range\u2019s right to keep and bear arms. But because of a circuit court split, the case was sent to the U.S. Supreme Court, which remanded the case back down to the 3rd<\/sup> Circuit. The latest decision sends the matter back to the Supreme Court for consideration.<\/p>\n
![<\/a><\/div>\nA Pennsylvania man who pled guilty to food stamp fraud back in 1995 got a great Christmas present two days early.<\/p>\nBryan Range had been denied his right to keep and bear arms for nearly 30 years. But on December 23, the 3rd<\/sup> Circuit Court of Appeals reaffirmed its earlier ruling that a person who commits a \u201cnonviolent, nondangerous misdemeanor\u201d and hasn\u2019t been incarcerated cannot be deprived of his or her Second Amendment rights.<\/p>\nRange\u2019s conviction was classified as \u201ca Pennsylvania misdemeanor punishable by up to five years\u2019 imprisonment.\u201d Since federal law generally makes it illegal for anyone convicted of a crime punishable by imprisonment for over one year, Range wasn\u2019t able to possess or purchase a firearm.<\/p>\nIn June 2023, the 3rd<\/sup> Circuit Court of Appeals restored Range\u2019s right to keep and bear arms. But because of a circuit court split, the case was sent to the U.S. Supreme Court, which remanded the case back down to the 3rd<\/sup> Circuit. The latest decision sends the matter back to the Supreme Court for consideration.<\/p>\nThe pre-Christmas court ruling<\/a> stated: \u201cRange remains one of \u2018the people\u2019 protected by the Second Amendment, and his eligibility to lawfully purchase a rifle and a shotgun is protected by his right to keep and bear arms.\u201d<\/p>\nAccording to court documents, In 1998, Range tried to buy a firearm but was rejected by Pennsylvania\u2019s instant background check system. Range\u2019s wife, who thought the rejection was a mistake, gave him a rifle.<\/p>\nYears later, Range tried to buy a firearm and was again rejected. After doing some research, Range learned he was banned from buying a firearm because of his 1995 conviction. Upon learning that, Range sold his rifle to a gun dealer.<\/p>\nPart of the discussion in the case was whether Range was one of the \u201cpeople\u201d referred to in the part of the Second Amendment stating \u201cthe right of the people to keep and bear arms shall not be infringed.<\/p>\n\u201cIn sum, we reject the Government\u2019s contention that \u2018felons are not among \u2018the people\u2019 protected by the Second Amendment.\u2019 Heller<\/em> and its progeny lead us to conclude that Bryan Range remains among \u2018the people\u2019 despite his 1995 false statement conviction.<\/p>\nThe court then turned to the second aspect of the Bruen <\/em>standard\u2014whether the government could prove a similar precedent at the time of the founding.<\/p>\n\u201cBecause the Government has not shown that our Republic has a longstanding history and tradition of depriving people like Range of their firearms, \u00a7 922(g)(1) cannot constitutionally strip him of his Second Amendment rights,\u201d the ruling stated. \u201cMore than two decades after he was convicted of food stamp fraud and completed his sentence, he sought protection from prosecution under \u00a7 922(g)(1) for any future possession of a firearm. The record contains no evidence that Range poses a physical danger to others.\u201d<\/p>\n<\/p><\/div>\n\nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"A Pennsylvania man who pled guilty to food stamp fraud back in 1995 got a great Christmas present two days early. Bryan Range had been denied his right to keep and bear arms for nearly 30 years. But on December 23, the 3rd Circuit Court of Appeals reaffirmed its earlier ruling that a person who […]<\/p>\n","protected":false},"author":1,"featured_media":4391,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4390","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4390"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4390\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4391"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4390"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2024\/12\/3rd-circuit-court.webp\"){kind=link}