Petition Challenging Lifetime Gun Ban for Non-Violent Misdemeanor Conviction

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Philadelphia, PA –-(AmmoLand.com)- This week, Firearms Policy Coalition (FPC) announced the filing of an en banc petition in Williams v. Garland, which challenges the federal Gun Control Act’s lifetime ban on the exercise of Second Amendment rights due to a single misdemeanor conviction for a crime that did not involve violence, physical harm, or a firearm. The filing can be found at FPCLegal.org.

Following a 2005 trial, Edward Williams was convicted of driving under the influence, in violation of Pennsylvania law. Because he had a previous DUI non-conviction in 2001, that was later expunged, the 2005 conviction qualified as a first-degree misdemeanor, which carries a maximum sentence of up to five years’ imprisonment. However, he was never imprisoned, and was instead placed under house arrest for 90 days, ordered to pay costs, a fine of $1,500, and to complete any recommended drug and alcohol treatment under the mandatory minimum sentence.

In May, the Third Circuit affirmed the district court’s ruling in favor of the Government, saying that the case “must meet the same fate” as a previous one due to circuit precedent. Because the decision came before the Supreme Court’s opinion in NYSRPA v. Bruen, today’s petition argues that “[r]ehearing en banc is appropriate because the panel opinion contradicts Bruen, which mandates a historical test based on dangerousness and thus forbids the disarmament of peaceable persons like Williams.”

“The Supreme Court recently reaffirmed that any firearm restriction must be consistent with the original understanding of the Second Amendment,” said FPCAF’s Director of Constitutional Studies, Joseph Greenlee.

“At no point throughout American history, until just recently, would a peaceable person like Mr. Williams forfeit his right to keep and bear arms. We hope that the Third Circuit will use this opportunity to bring its test for Second Amendment challenges into line with Supreme Court precedent and American history.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.



Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

Firearms Policy Coalition

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2gats

non violent felons should get their gun rights back after serving their sentence……………violent felons should be fast tracked for hanging.

MP71

If a person can’t be trusted to responsibly use/own a gun, they shouldn’t be free to walk the streets.

Deplorable Bill

What part of “Shall not be infringed” is difficult for potus, legislators, judges, lawyers and enforcement personnel to understand? The man never should have lost his rights in fact, the ONLY time you loose your rights is when you are imprisoned or in a mental ward. Everyone else, no matter what they have done has the legal right to keep and bear arms. Nowhere in the second amendment or the rest of the constitution will you find anything that says otherwise. What they have done to this man and thousands of others is treasonous and tyrannical BOTH of which are… Read more »