Door open for challenges to federal firearms prohibition

A recent opinion from the Third Circuit Court of Appeals suggests that the 18 U.S.C. § 922(g)(1) federal firearms prohibition should not apply to convictions that are not for serious offenses.

In Binderup v. Attorney General, the Third Circuit held that the Federal Gun Control Act’s section 922(g)(1) prohibition was unconstitutional as applied to the challengers, who had been convicted of corrupting a minor and unlawfully carrying a handgun without a license. The Court found that the challengers’ convictions were not for “serious” offenses, and set out factors for determining whether an offense is serious enough to justify loss of the offender’s second amendment rights.

Binderup suggests that persons convicted of nonviolent misdemeanors who receive a sentence on  the lower end of the applicable sentencing range are good candidates to seek relief in Federal Court. If your FOID has been denied or revoked under similar circumstances, seeking relief in federal court may be an option for you.



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