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The Third Circuit Court of Appeals has once again upheld its previous ruling that the federal felon gun ban cannot be constitutionally applied to Bryan Range, reaffirming this decision in an en banc hearing on Monday.
Range’s legal troubles stemmed from a 1995 guilty plea for making false statements to obtain food stamps. This offense, classified as a Pennsylvania misdemeanor, carried a potential five-year prison sentence. Due to federal regulations prohibiting individuals convicted of crimes punishable by more than one year in prison from possessing firearms, Range found himself unable to legally own a gun.
LEGAL ALERT: In a decision with lots of concurrences, the en banc Third Circuit has reaffirmed its prior decision in Range v. Garland, saying that the federal felon gun ban is unconstitutional as applied to Mr. Range's 1995 conviction for making a false statement to obtain food… pic.twitter.com/a25ZdJ4Rjy
— Firearms Policy Coalition (@gunpolicy) December 23, 2024
Despite his otherwise clean record, which only included minor infractions like parking tickets and fishing without a proper license, the potential prison term associated with his food stamp conviction triggered the federal “felon-in-possession” restriction.
Range initiated legal action in 2020, filing suit in the Eastern District of Pennsylvania’s U.S. District Court. After losing at the district level, he took his case to the Third Circuit. The appeals court, analyzing Range’s case through the lens of the Bruen decision, determined that he retained his Second Amendment rights as one of “the people.” The case was then sent back to the district court for review.
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— American Rifleman (@NRA_Rifleman) February 1, 2021
Following the Supreme Court’s Rahimi ruling in 2024, the Third Circuit’s initial decision was vacated and returned for reconsideration. However, the appeals court maintained its support for Range’s position on Monday.
The court concluded that the “felon-in-possession” statute couldn’t be applied to Range, noting he showed no intentional threatening behavior toward others’ safety or life. The ruling emphasized that Range posed no threat of sedition or treason against the government, making his disarmament unnecessary for either public safety or governmental stability.
