A U.S. appeals court ruled Tuesday that non-violent offenders should not be subject to lifetime gun bans, the latest fallout from a recent Supreme Court decision that instructs judges to look to history and tradition to weigh the constitutionality of gun control laws.
In an 11-4 vote, the 3rd U.S. Circuit Court of Appeals sided with a man who had pleaded guilty to misstating his income to receive about $2,500 in food stamps for his family in 1995.
The 11-4 majority -- reversing a lower court decision in the wake of the Supreme Court's Bruen decision -- looked to gun laws dating to the 18th century for guidance and found none that contemplated lifetime weapons bans for non-violent criminals. "Range remains one of `the people' protected by the Second Amendment, and his eligibility to lawfully purchase a rifle and a shotgun is protected by his right to keep and bear arms," wrote Hardiman, who was on the short list for a Supreme Court nomination in 2017, when President Trump instead selected Justice Neil Gorsuch.
Legal experts say the confusion and conflicting opinions that have ensued may lead the high court to revisit the issue.
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