I hope you’ve had a good holiday break and have been able to spend time with friends and loved ones. I hope you’re looking forward to the New Year as well. I just got engaged. So, I’m having a good end of the year! Hope you are, too!
Anyway, this week, we’re looking closely at the escalating fight over non-violent felon gun rights. The case of a Pennsylvania man who lied about his income to get food stamps in the 90s came down the same way it did before the Supreme Court remanded it in light of its Rahimi decision. Interestingly, as Contributing Writer Jake Fogleman explores in a Member Exclusive, Rahimi actually pushed two judges to change their minds in the case. Jake also looks at why the Sixth Circuit just denied a challenge from another man convicted of non-violent felonies.
We also saw new gun legislation make it to President Joe Biden’s desk. This time, it’s a bipartisan package that seeks to expand public access to shooting ranges on federal land, and it’s likely to be signed.
Plus, the official who helped create the FBI’s active shooter research program joins the podcast to discuss the potential of CEO killer copycats. And we have some fascinating stories from other outlets down in the links, including several about new gun training efforts in Europe.
Federal Appeals Court Again Tosses Gun Ban for Man Who Lied to Get Food Stamps in the 90s
By Jake Fogleman
Given a second bite at the apple, the Third Circuit has once again ruled that a Pennsylvania man can own firearms despite his felony-level conviction.
By a 13-2 margin, a full panel of the federal appellate court on Monday reaffirmed its basic holding from last June that a 30-year-old conviction for lying on a food stamp application cannot result in lifetime disarmament. The court’s opinion, made necessary after the Supreme Court vacated and remanded its prior decision in light of US v. Rahimi, remained essentially unchanged in finding no historical tradition supporting the federal gun ban for felons as applied to Pennsylvania man Bryan Range.
“We agree with Range that, despite his false statement conviction, he remains among ‘the people’ protected by the Second Amendment,” Judge Thomas Hardiman wrote in Range v. Garland. “And because the Government did not carry its burden of showing that the principles underlying our Nation’s history and tradition of firearm regulation support disarming Range, we will reverse and remand.”
Analysis: How Rahimi Made Two Judges Switch Sides on Non-Violent Felon Gun Rights [Member Exclusive]
By Jake Fogleman
The Supreme Court’s most recent Second Amendment decision could boost the government’s ability to disarm certain Americans in the long run. But it appears to have pushed two federal appeals court judges to the opposite conclusion in a new ruling on a non-violent felon’s gun rights.
On Monday, the en banc Third Circuit Court of Appeals returned the first decision to side with a Second Amendment challenger in a case the Supreme Court vacated and remanded after its Rahimi opinion. For the second time, it ruled that the government may not disarm Bryan Range over his 30-year-old felony conviction for lying on a food stamp application.
“We agree with Range that, despite his false statement conviction, he remains among ‘the people’ protected by the Second Amendment,” Judge Thomas Hardiman wrote in Range v. Garland. “And because the Government did not carry its burden of showing that the principles underlying our Nation’s history and tradition of firearm regulation support disarming Range, we will reverse and remand.”
While the unchanged judgment was largely expected based on the tenor of the case’s second oral arguments, one facet of Monday’s outcome stood out. Two judges who dissented the first time the Third Circuit heard the case—Cheryl Ann Krause and Jane Roth—signed onto the majority judgment this time around, expanding the margin of the government’s defeat. Moreover, they cited the Supreme Court’s Rahimi opinion as driving that change of heart.
“I take from Rahimi several lessons that compel a different rationale than the majority’s today and that lead me now to concur in the judgment,” Judge Krause wrote in her concurring opinion, which Judge Roth joined.
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Congress Authorizes More Gun Ranges on Federal Land
By Stephen Gutowski
A bill expanding public access to shooting ranges now sits on President Joe Biden’s desk.
The Expanding Public Lands Outdoor Recreation Experiences (Explore) Act was one of the last pieces of legislation to make it through Congress before the end of 2024. It passed by voice vote in the House and unanimous consent in the Senate late last week. The bill seeks to ensure there is at least one shooting range in every National Forest and Bureau of Land Management district in the country.
The White House did not answer whether President Biden would sign the bill. However, he has not publicly expressed opposition to the bipartisan legislation.
The bill’s passage is tangible evidence of broad bipartisan support for expanding recreational shooting and hunting opportunities. Of the 51 co-sponsors in the House, 27 were Democrats, and 24 were Republicans.
Podcast: FBI Active Shooter Research Pioneer on Potential UnitedHealthcare CEO Killer Copycats
By Stephen Gutowski
This week, a Wisconsin school shooting provided a potential warning about what might come from the murder of UnitedHealthcare’s CEO.
That’s not because the two shootings are directly connected but rather because the Wisconsin attack was influenced by the Columbine attack. And the CEO killing has many of the same hallmarks that could lead to it influencing future attacks as well. To examine how likely that is, we have former FBI agent and active shooter research pioneer Katherine Schweit back on the show.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel.
Plus, Contributing Writer Jake Fogleman and I talk about a new ruling out of the Sixth Circuit Court of Appeals that upheld the lifetime felony gun ban against a defendant based on his history of violent misdemeanor convictions. We also cover new survey data from Donald Trump’s top pollster indicating strong support for pro-gun judges and policies. We discuss what influence that might have on the incoming administration’s policy priorities. Finally, we wrap up with a round up of gun stories from across the country, including new details about the expected shake up amongst ATF leadership under Donald Trump.
Analysis: Non-Violent Felonies, Violent Misdemeanors, and the Second Amendment [Member Exclusive]
By Jake Fogleman
Adjudicating whether non-violent felons retain their gun rights has become one of the most hotly contested fields of Second Amendment law. The Sixth Circuit Court of Appeals added a new wrinkle to the dispute.
On Monday, a three-judge panel rejected a Kentucky defendant’s claim the federal prohibition on felons owning guns violates his Second Amendment rights. The panel determined that even though the defendant’s earlier felonies were technically non-violent offenses, his broader criminal record contained violent misdemeanors that indicate he is too dangerous to have firearms.
“Morton’s criminal record demonstrates dangerousness, specifically that he has committed ‘violent’ crimes ‘against the person,’” Judge Rachel Bloomekatz wrote in US v. Morton. “So, his conviction is consistent with the Second Amendment as interpreted in Williams. Accordingly, § 922(g)(1) is constitutional as applied to him.”
It’s an outcome that, on its face, seems to extend beyond the bounds of the statute. After all, Section 922(g)(1)–with the exception of domestic violence offenses and rare misdemeanor statutes punishable by more than a year in jail–is primarily triggered by felony convictions. Yet in Morton, it was the defendant’s misdemeanors and other non-charged conduct that proved key to denying him his gun rights.
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Outside The Reload
As Russia threats loom, Finland’s people are learning to shoot back | AP News | By James Brooks
That’s it for this week in guns.
I’ll see you all next week.
Merry Christmas and a Happy New Year,
Stephen Gutowski
Founder
The Reload
