APPEALS COURT RULES THAT SECOND
AMENDMENT STILL PROTECTS
NONVIOLENT OFFENDERS
BY PROF. ANTHONY MICHAEL SABINO
Last year’s Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___, established that the Second Amendment prohibits any restraint upon the Right to Keep and Bear Arms, unless such a measure is rooted in America’s history and traditions of firearms regulation. Since then, there has been a veritable flood of litigation challenging draconian regimes alleged to fall outside this standard, and the outcomes, to date, have been decidedly mixed.
However, one clear cut victory has recently emerged, in the case of Range v. Attorney General, ___ F.4th ___ (No. 21-2835) (3d Cir. June 6, 2023). Pennsylvania resident Bryan Range’s 1995 guilty plea to a nonviolent offense (he lied when applying for food stamps), barred him from firearms ownership. See 18 U.S.C. § 922 (prohibiting the possession of a firearm by any person convicted of a crime punishable by more than one year in prison). Decades later, his debt to society paid, Range sued, seeking to reinstate his Right to Keep and Bear Arms.
The U.S. Court of Appeals for the Third Circuit (which oversees all the federal courts in Delaware, New Jersey, and Pennsylvania) ruled that Section 922 was, in fact, unconstitutional, at least “as applied” to Range, but otherwise left the statute intact.
Sitting en banc (15 of the court’s active judges participated, vacating a three-judge panel), the majority decreed that Range was one of “the people” constitutionally guaranteed the Right to Keep and Bear Arms. Quoting District of Columbia v. Heller, 554 U.S. 570 (2008), the Third Circuit reminds that the Second Amendment enshrines a pre-existing freedom, and thereby takes certain policy choices off the table. The government’s argument that Range was permanently disenfranchised failed because it would “devolve authority to legislators to decide whom to exclude from ‘the people'” as that term is found throughout the Bill of Rights. Notably, reference was made to now-Justice Barrett’s dissent in Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), wherein the future Supreme Court jurist vigorously argued that “there is no logic or data” which justifies permanently barring a nonviolent offender from firearms ownership. See p. 26 of the November/December 2021 issue of News & Briefs.
Range provides four critical takeaways. First, Range prevailed on his “as applied” constitutional challenge, which delimits this decision’s impact to only those in strikingly similar circumstances, for instance, nonviolent offenders. Second, Section 922’s prohibition on firearms possession by violent felons remains presumptively lawful, something law-abiding firearms owners would undoubtedly be the first to agree with.
Next, the Third Circuit’s cogent reasoning proves the efficacy of NYSRPA’s history-driven test; Range now lights the way for lower courts to uphold the Right to Keep and Bear Arms, while rebuking those jurists — and elected officials — who still irrationally resist the Supreme Court’s proclamations. Fourth and last, we fully expect Range to make its way to the Supreme Court, and we look forward to what we anticipate shall be yet another high Court landmark affirming the vitality of the Second Amendment.
HIGH POWER REPORT
BY KEN SMITH, CHAIR
The Cherry Ridge High Power season is starting to wind down, and we have had a great season with well-attended matches. There is still time to test your rifle skills and meet a great bunch of people willing to share their knowledge and experience with you. For more information about matches, contact Ken Smith at marlin4443030@gmail.com. And to see the High Power match schedule, go to the Cherry Ridge Range schedule at www.anjrpc.org. See you at the range!