Gun Ban for Non-Violent Felons Unconstitutional, Court Says (2)

May 9, 2024, 6:38 PM UTCUpdated: May 9, 2024, 8:28 PM UTC

A federal ban on felons possessing firearms violates the Second Amendment of the US Constitution as applied to a non-violent offender who has served his time in prison and reentered society, a divided Ninth Circuit panel ruled Thursday.

The government failed to prove that the federal law’s “categorical prohibition,” as applied to Steven Duarte, “is part of the historic tradition that delimits the outer bounds” of the Second Amendment, Judge Carlos T. Bea said, citing the US Supreme Court’s ruling in New York State Rifle & Pistol Association, Inc. v. Bruen.

The ruling widens a circuit court split ...

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