Hot Air by Ed Morrissey 11/25/2020
Turley: Third Circuit decision on 2nd Amendment “perfectly tailored†for Supreme Court after Barrett confirmation
The Supreme Court has become notoriously skittish about Second Amendment cases in the years after Heller. That may change now after a Third Circuit ruling upheld a ban on firearm ownership for felons, even those convicted of non-violent crimes. In a 2-1 decision, the court ruled that a tax-evasion conviction was sufficient for a lifetime removal of Second Amendment rights:
Lying on her tax returns will cost a woman her right to own a firearm for a lifetime, the Third Circuit affirmed Tuesday.
The case, which was argued before the federal appeals court last year in Philadelphia, centers around Lisa Folajtar, who pleaded guilty in 2011 to making false statements on her tax returns. Since lying to the government is a felony, the conviction carries additional gun restrictions beyond her sentence of probation and a $10,000 fine.
Divided 2-1 Tuesday, the Third Circuit found that “those who commit serious crimes are excluded from the Second Amendment’s protections,†and that reinstating Folajtar’s gun rights would negate the gravity of her offense.
“Consistent with our precedents, we hold that the legislature’s designation of an offense as a felony is generally conclusive in determining whether that offense is serious,†Justice Thomas Ambro, a Clinton appointee, wrote for the majority. “Because we determine the felony here is a serious crime, Folajtar is not protected by the Second Amendment, and her as-applied challenge fails.â€
More:
https://hotair.com/archives/ed-morrissey/2020/11/25/turley-third-circuit-decision-2nd-amendment-perfectly-tailored-supreme-court-barrett-confirmation/
