Late yesterday, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured two monumental Orders by the Third Circuit granting reconsideration Williams v. Attorney General, 19-2694, vacating its and the district court’s prior decisions finding that Mr. Williams could not bring a successful Second Amendment as-applied challenge to his putative federal firearms prohibition stemming from a second DUI, and remanding the matter to the district court for reconsideration in light of Bruen v. NYSRPA, 142 S. Ct. 2111 (2022).
Upon it being remanded to the Eastern District of Pennsylvania, as a result of Judge Robert F. Kelly no longer being a judge of the court, it was reassigned to Judge John M. Younge, a Trump appointee.
We now await further direction from Judge Younge, as to whether he will simply issue a decision or whether he will seek additional briefing. While the outcome for Mr. Williams and others who are similarly situated is not yet known, based on the Bruen analysis and there not being any tradition in this Nation of stripping individuals of their Second Amendment rights as a result of DUI at the time of our founding, it would appear that Mr. Williams should be successful.
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