TriggerFinger


2nd Amendment case may allow non-violent felons to own guns


Jonathan TurleyThe 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 one of the most perfectly tailored case for major Supreme Court decision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. In ruling that a non-violent tax conviction can result in the denial of gun ownership, the panel presents a clean case to further define the contours of the individual rights recognized in District of Columbia v. Heller, 554 U.S. 570 (2008).

The Third Circuit case concerns Lisa Folajtar who was denied the right to own a firearm. The reason was her pleading guilty in 2011 to willfully making a materially false statement on her tax returns. The plea led to a sentence of three-years’ probation, including three months of home confinement, a $10,000 fine, and a $100 assessment. She also paid the IRS over $250,000 in back taxes, penalties, and interest.

I think this is generally a good idea, so long as it is clear who can and who can't. Vagueness would be another constitutional problem and Congress is unlikely to try to fix it.

And we finally have 5 justices we can, fingers crossed, rely on...

This entry was published Mon Nov 30 08:07:28 CST 2020 by TriggerFinger and last updated 2020-11-30 08:07:28.0. [Tweet]

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