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Thread: Successful as applied challenge to GCA "felon in possession" law!

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Fairfax County, Virginia, USA

    Successful as applied challenge to GCA "felon in possession" law!



    Contrary to popular assumptions, a felony conviction is not required to lose your gun rights under federal law. So the term "felon in possession" is commonly used to refer to persons who have in actuality only been convicted only of misdemeanors, and often non-violent misdemeanors at that. One of these folks just one a court case challenging this law.

    The Gun Control Act of 1968 as amended strips gun rights from anyone convicted of a “crime punishable by imprisonment for a term exceeding one year” [but this does not] does not include—

    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

    In Binderup v. Holder, the federal district court held that a Pennsylvania state misdemeanor conviction for "corruption of minor" where defendant could have been sentenced to more than 2 years was held NOT to be sufficient to strip defendant of right to bear arms.

    This holding is a really big deal.

    If appealed, 3d Cir. is likely to affirm the District Ct.

  2. #2
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Colorado Springs, Colorado, USA
    Definitely a step in the right direction.
    I no longer have any confidence in the moderation or administration of this forum. Nonetheless, the First STILL protects the Second, and the Second protects the First! Together, they protect the rest of our Bill of Rights and other founding documents. If you're going to do anything at all, do it right!

  3. #3
    Join Date
    Jan 2012
    earth's crust
    All freemen can own, possess, and carry .. no laws concerning guns are acceptable.

    It's not "Lets Make a Deal" ...

    I know....I'm a monster

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