Mike
Site Co-Founder
http://www.washingtonpost.com/news/...on-from-federal-ban-on-felons-possessing-guns
Decision: http://www.washingtonpost.com/news/...content/uploads/sites/14/2014/09/binderup.pdf
Summary:
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.
Decision: http://www.washingtonpost.com/news/...content/uploads/sites/14/2014/09/binderup.pdf
Summary:
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.
