Yesterday, in an en banc, 11-4, decision, the Third Circuit Court of Appeal in Range v. Attorney General of the U.S., et al, No. 21-2835, 2023 WL 3833404 (3d Cir. June 6, 2023) held that as “Range is one of ‘the people’ who have Second Amendment rights” regardless of his prior conviction for making a false statement to obtain food stamps, and that “a law passed in 1961—some 170 years after the Second Amendment’s ratification and nearly a century after the Fourteenth Amendment’s ratification—falls well short of “longstanding” for purposes of demarcating the scope of a constitutional right,” the “Government has not shown that the Nation’s historical tradition of firearms regulation supports depriving Range of his Second Amendment right to possess a firearm” and as a result, the prohibition against his being able to lawfully purchase, possess, and utilize firearms and ammunition is unconstitutional as-applied to him.
While a monumental decision, it is important to note that this was not a facial challenge, where the Third Circuit held that prohibition against all non-violent misdemeanants is unconstitutional. Rather, it simply held that as-applied to Mr. Range’s background and conviction, it was unconstitutional to strip him of his Second Amendment rights. As a result, individuals in similar situations will need to file lawsuits against the U.S. Government to challenge their individual circumstances.
If your constitutional rights have been denied by the U.S. Government, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
It is wrong that a felon can not own a gun especially when they committed no crime that should take their rights away. A man that never had a record losing his right to own and a man that had four pages long record gets away with lying. The justice system is backwards to innocent people.
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Thanks much!!
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Just like my case, except more judges ruled in favor of Range. Excellent news Thanks
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I got in trouble when I was 19, nonviolent. I’m 34 now with no charges since. Is it even worth trying? My thought is that this ruling could be a huge step for nonviolent non repeat individuals.
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Give our Office a call – 888-202-9297 – and we can discuss your options!
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With all the bullshit we have to endure I thought a little levity was in order. Without a sense of humor all is lost. Anyway, I thought this was appropriate.
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