National Federal Law Prohibits all Felons from Gun Possession - Or Does it?

[RicInOR]

• Federal law prohibits all felons—including one who made "a materially false statement on her tax returns"— from possessing guns. A Second Amendment problem? Third Circuit: No, because the Second Amendment only protects "virtuous citizens." Dissent: Not so. The Second Amendment protects all but "dangerous" citizens. See, among other things, then-Judge Barrett's dissent in a recent case from Seventh Circuit.

LISA M. FOLAJTAR, Appellant v. ATTORNEY GENERAL OF THE UNITED STATES; ACTING DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES; DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION; UNITED STATES OF AMERICA

OPINION OF THE COURT AMBRO, Circuit Judge Lisa Folajtar asks us to decide whether Congress may prohibit individuals convicted of federal tax fraud from possessing firearms. To answer this question, we rely on the general rule that laws restricting firearm possession by convicted felons are valid. Because we find no reason to deviate from this longstanding prohibition in the context of tax fraud, we reject Folajtar's as-applied constitutional challenge.

One to watch if it will be accepted to SCOTUS

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[Nutknocka]

This is why strict scrutiny for the second amendment is so important. Strict scrutiny requires that the government both have a compelling interest before infringing upon a right, and that its interference is narrowly tailored and is the lightest touch possible.

It would be pretty hard to argue the both compelling interest and lightest touch behind prohibiting people convicted of non-violent crimes from owning firearms.

You don't forfeit your right to free speech forever (or even at all) if you are convicted of a felony- even if abuse of your free speech is part of the felony itself. it makes no sense that someone convicted of a crime that has nothing to do with firearms or violence of any sort then loses their second amendment rights forever.

 

[titsonritz]

Further proof gun control is not about guns, it is about control.

 

[WillametteWill]

@RicInOR, you post some good stuff. Keep it up!

 

[awshoot]

This case was mentioned on Turley's blog:

Barrett Reloaded? A New Third Circuit Decision Could Prove The Perfect Base For A Second Amendment Blowout

The Third Circuit has issued an opinion that has received little attention over the right to bear arms, but it should. The decision in Folajtar v. The Attorney General of the United States may be o…

jonathanturley.org

Topics of interest include civic (or collective) rights vs. individual rights, and just how far is Congress allowed to go in eliminating the individual rights of those whom it finds non-virtuous (the notion of Congress having anything to do with virtue is pretty meme-worthy).

 

[awshoot]

My feeling on whether SCOTUS should take this is tentative right now -- if the GOP can hold the Senate, then by all means, let's get a decision. If the GOP loses the Senate and this case gets a positive 2A decision from SCOTUS, the court will get packed and that'll be that for the rest of my life at least.

 

[Nutknocka]

"Rickey Kanter was convicted of one count of felony mail fraud for defrauding Medicare in connection with therapeutic shoe inserts."

And how much money was spent on trying, incarcerating, and litigating the attempt to restore firearm rights for this individual? Good to know the federal courts are tackling the serious orthotic shoe insert crime wave in this country.