Federal case out of PA

[GaryS]

Miller v Sessions.

The case involved a person "Miller" who became a prohibited person for altering a tinted window permit back in 1998. Since the PA law specified "up to five years" Miller became prohibited.

Using intermediate scrutiny, the federal district judge said that,

Applying intermediate scrutiny, which requires a substantial fit between the means and the ends, Judge Robreno found that "even when viewed in the light most favorable to the Government, § 922(g)(1), as applied to Miller, does not survive intermediate scrutiny because the Government has failed to demonstrate a substantial fit between diarming Miller and protecting the community from crime."

The judge ordered Miller's 2A rights restored.

It's a small victory and only applies in the Middle District of PA federal court, but it's important.

I wonder if the government will appeal this to the 3rd Circuit?

A shorter version, by the law firm that represented Miler can be found here.

 

[M29since14]

It is about time for some pushback against the frivolous restriction of a citizen's rights based on minor, non-violent offenses. The practice has become far too widespread. If the present mentality continues, soon enough we will be restricted for having two speeding tickets... and then one!

 

[GaryS]

There are some interesting cases going on in MA right now. It's rather complex, but the BATFE has opined that restoration of 2A rights by the state does not meet the federal definition in cases of a first time DWI.

Several state judges have ruled that the BATFE and the state are wrong and have ordered restorations. So far, the state has refused to process applications forwarded by local PDs.

Yesterday, the Governor stated that he will stop ordering the state agency that controls that to refuse to process applications.

I have no idea if this is going to federal court or if the BATFE will change it's interpretation of the law.

Interesting times in gun rights.

It is about time for some pushback against the frivolous restriction of a citizen's rights based on minor, non-violent offenses. The practice has become far too widespread. If the present mentality continues, soon enough we will be restricted for having two speeding tickets... and then one!

 

[Muss Muggins]

It's a small victory and only applies in the Middle District of PA federal court, but it's important.

I wonder if the government will appeal this to the 3rd Circuit?

I hope so. The fact that not every felony is disqualifying is an important issue that should be litigated even above the Circuit level. A good first step . . .

 

[GaryS]

First time DWI in MA is a misdemeanor. Unfortunately the maximum sentence that CAN be imposed is over a year. Which makes it disqualifying under the BATFE interpretation.

We refer to it as "Misdefelony" because it's a misdemeanor, but treated as a felony.

I hope so. The fact that not every felony is disqualifying is an important issue that should be litigated even above the Circuit level. A good first step . . .

 

[Muss Muggins]

It's still a felony in the eyes of the feds, which as you know is a crime punishable by more than one year incarceration. Tennessee has several two year maximum Misdefelonies. Like I said, it's an important decision that not every "felony" is disqualifying . . .

First time DWI in MA is a misdemeanor. Unfortunately the maximum sentence that CAN be imposed is over a year. Which makes it disqualifying under the BATFE interpretation.

We refer to it as "Misdefelony" because it's a misdemeanor, but treated as a felony.

 

[Doug M.]

Miller v Sessions.

The case involved a person "Miller" who became a prohibited person for altering a tinted window permit back in 1998. Since the PA law specified "up to five years" Miller became prohibited.

*
Interesting, as the offense as described is a variant of forgery, a significant felony crime of dishonest. I have my back windows tinted as much as lawful (a trooper's approved off-duty business), but I dislike unlawfully tinted windows and tinted windows in the front. I used to write that offense with vigor.