Second Amendment, Gun Rights and Lifetime Bans

Second Amendment, Gun Rights and Lifetime Bans

Jay McMahon is running for attorney general in Massachusetts. He’s an ardent Second Amendment supporter! In Massachusetts! Here is what he has said“…government gun control policies rarely reduce violence, but rather take guns out of the hands of law-abiding gun owners and sellers. Only legal guns get off the street,” McMahon said.

Wow, sunshine and sanity in Mass.
Meanwhile, the Chief Federal Judge in the Middle District of Pennsylvania  which is in the 3rd circuit,  rules that Raymond Holloway’s  ten year old non-violent felony conviction cannot bar a person’s right to own a gun, given that he has 10 years law abiding behavior and his original conviction did not involve violence. The Judge followed the previous landmark decision in the 3rd Circuit, Binderup v. U.S. Attorney General, holding that a non-violent felony cannot be grounds for a lifetime denial of gun rights. The full text of the Binderup case in the Third Circuit is here.
Both of these cases involve misdemeanors, not felonies. That doesn’t matter because 18 U.S.C. § 922(g) imposes a lifetime gun ban on misdemeanors carrying a prison sentence of 2 years or longer, even if the sentence is not imposed and even if the defendants served no actual jail time.
The Supreme Court denied certiorari to the Binderup decision so the holding in both Binderup and Holloway are authority only in the 3rd Circuit. I suspect the Supreme Court will accept one or both of these cases in the future because of the split in the circuits. Let’s hope Kavanaugh is confirmed tomorrow because he is pro second amendment. In a previous decision he said that banning AR-15s in unconstitutional because it is a gun that is in common use. He also said the term “assault weapon” applied to AR-15s makes no sense because it is the user not the gun that determines how it will be used. A butcher knife is not ordinarily used to assault anyone.  Nevertheless, it could be used very effectively to assault someone, even to kill them. But nobody refers to a butcher knife as an assault weapon.
If Kavanaugh is confirmed and if Trump gets at least one more Supreme Court appointment we’ll have a pro second amendment Supreme Court for at least a generation.
Have a great weekend!
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