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Tuesday, June 6, 2023

Major Victory

Range v. Garland (3rd Cir. 2023)(en banc)  ruled that a conviction for a misdemeanor that could have resulted in a felony sentence (exceeding one year imprisonment) (food stamp application fraud) is not a firearms disqualifier.

The description of what led to the fraudulent application can make almost anyone sympathize.  He was making $9/hour trying to feed his family and understated his income.  In a society that awards enormous subsidies to billionaires and billion dollar corporations, this severe punishment seems a bit severe.

The decision correctly applies Bruen observing that Founding Era felonies were often capital offenses.  With a few odd exceptions (counterfeiting), these were generally violent crimes, or were likely to end up violently (burglary).

Range is hardly in the same category.  He remains one of "the people" whose Second Amendment rights are protected.

Just noticed my book Armed America was cited on p. 15.

Because this is an en banc decision, the government will almost certainly appeal to the Court.  A little more ear slapping (or as my son-in-law calls it "slap-based therapy") is in order 

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