Federal Appeals Court Hands Down Pro 2nd Amendment Decision—Don’t Get Excited Just Yet!

On September 7, 2016, the U.S. Third Circuit Court of Appeals issued a ruling that limited the government’s ability to strip a person’s gun rights in relation to certain misdemeanor crimes in the combined cases of Binderup v. the U.S. Attorney General and Suarez v. the U.S. Attorney General, both out of Pennsylvania.

The Court decision stated it was unconstitutional in the case of these two people to permanently bar these plaintiffs from owning firearms since they were convicted of relatively minor offenses and the government failed to prove a compelling state interest in continuing to have them disarmed.

U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane
U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane

Following this decision, the internet was flooded with various stories and takes by news organizations and in numerous forums. Before this case, there was no hope in restoring or preserving your gun rights following certain convictions.  Now there is some limited hope.

To help us understand what this case means to our 2nd Amendment rights, we turned to U.S. Law Shield of Pennsylvania Independent Program Attorney Justin McShane for his take on this case and its implications going forward.

To read his analysis, click here.

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