DOJ Inaction Secures Victory in Range v. Attorney General Second Amendment Case

Hands gripping jail cell bars

The Second Amendment community scored another victory this week due to action – or rather inaction – by Pam Bondi’s Department of Justice.

The DOJ has allowed a midnight deadline to pass to seek cert before the Supreme Court in the non-violent felon case of Bryan Range.

The result is that the ruling in the lower court now stands as legal precedent in favor of non-violent felons not being disarmed for life.

“This is a HUGE pro-2A development. Congratulations to Firearms Policy Coalition and the Second Amendment Foundation,” wrote Constitutional Scholar and host of the Four Boxes Diner YouTube Channel, Mark Smith, on X(formerly Twitter).

Bryan Range was convicted of a misdemeanor offense (punishable by up to five years in prison) in which he pleaded guilty to making a false statement to obtain food stamps, in 1995.

Federal law generally makes it “unlawful for any person . . . who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year” to “possess in or affecting commerce, any firearm or ammunition.” This barred Range from possessing firearms.

In June of 2023, the Third Circuit Appeals Court ruled that non-violent criminals are not barred from their Second Amendment rights.

In July of 2024, the Government appealed the Third Circuit decision to the Supreme Court which granted cert, vacated the lower court’s judgment, and remanded the case back to the United States Court of Appeals for the Third Circuit for further consideration in light of United States v. Rahimi.

In December of 2024, the Third Circuit again upheld its previous decision in favor of Range in a 13-2 ruling, although the ruling was narrowly tailored to the facts of Range’s case.

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