The court system in the U.S. is obviously in session, at least judging by the number of rulings that have been coming down, and I have to say that I appreciate how many gun cases seem to be getting a fair hearing in court now. It’s quite a bit different than in previous decades, and it’s refreshing to see.
Along that line, we’re going to talk about a recent case that came before the 3rd U.S. Circuit Court of Appeals dealing with felony convictions and gun rights.
Should felons be able to legally own guns or not? This court has given us the answer to that question. Nate Raymond with Reuters writes,
A US appeals court concluded on Tuesday that a federal law barring felons from owning ​guns can only be constitutionally applied when a person’s prior conviction involved violence or threats suggesting a risk of firearms misuse.
The full Philadelphia-based 3rd US Circuit ‌Court of Appeals in a pair of decisions ruled that in such cases, the primary federal law used to keep guns out of felons’ hands does not violate the US Constitution’s Second Amendment.
The court, which now has a conservative majority following recent appointments by Republican President Donald Trump, said the law could be used to disarm a man convicted in a carjacking case but not against another man whose conviction stemmed from ​a DUI conviction.
Now, I’m neither a lawyer nor do I play one on television, so, you’ll want to get your own legal council. Having said that, as I understand it, if you didn’t physically harm anyone or threaten physical harm to anyone, then your felony conviction wouldn’t prevent you from legally owning a firearm.
That, to me, seems like a big win and a big step in the right direction. After all, how does it even make sense to deny someone the right to be able to protect themselves when that person has no history indicating that they would use a firearm to initiate violence?
To my mind, it doesn’t.
But you may have a different opinion about this case. Let us know your opinion and your reasoning behind that opinion in the comments.
