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Guns

En Banc Third Circuit To Consider Whether Nonviolent Felons Lose Second Amendment Rights

Pennsylvania man convicted of making false statements to obtain food stamps challenged a federal law that prevented him from buying a hunting rifle, saying it violated his Second Amendment rights. Third Circuit panel: Based on history and tradition, we conclude that "the people" constitutionally entitled to bear arms are the "law-abiding, responsible citizens," so it excludes those who have demonstrated disregard for the rule of law through the commission of violent or non-violent felony and felony-equivalent offenses.

DC Circuit Vacates Conviction Based on Illegal Seizure

Group of folks were smoking pot outside a Washington, D.C. apartment building. Officer stops and sees one guy back away and raise his hands. Cop: "Just making sure there's no guns, that's it." Show me your waistband. Guy: "No. I'm cool" and shows waistband. Cop: Noticing some bulges, says "lift your shirt again" and nodded at another cop who just arrived to approach guy. Man: Runs away, throws gun in bushes, is arrest and charged with felon in possession. Guy: that was an illegal seizure! District court: No, it wasn't!

Fifth Circuit Vacates Conviction For People Who Possess Guns And Use Marijuana

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance." Man is pulled over for driving without a license plate. Officers, one of whom is DEA, find guns and marihuana cigarette butts. He's sentenced to nearly four years in prison (and three years of supervised release) for being an "unlawful user" of a controlled substance while possessing a gun. Fifth Circuit: Conviction reversed. The gov't didn't show he was high at the time he was stopped.

Federal Court Egregious Delay Even Has Dead Guy's Criminal Case On The Docket

Given the stakes involved, a judge’s criminal docket should always be a top priority.

According to a team of investigative journalists and attorneys, a Cincinnati federal judge neglected criminal cases for so long that he has a dead person on his docket, and just now ruling on inmate COVID release petitions filed in 2020.