Range v. Garland

Overview

Range v. Garland (U.S. Court of Appeals, 3rd Cir., Nov. 16, 2022): The U.S. Court of Appeals for the Third Circuit held that a man who had been convicted of fraudulently obtaining food stamp assistance (“SNAP” benefits) was rightfully prohibited from purchasing firearms under a federal statute prohibiting the sale of firearms to persons convicted of a crime punishable by over one year imprisonment. The court determined that the statute is in accordance with the text and history of the Second Amendment, despite the fact the man’s offense was nonviolent. The court, following Supreme Court precedent, analyzed whether the federal statute is consistent with the US’s historical regulation of firearms. The court concluded that the text and history of the Second Amendment dating back to ratification of the Constitution supports disarming individuals who do not respect the law, and that people like the appellant who commit even nonviolent felonies and felony-equivalent offenses (misdemeanor and other offenses punishable by more than one year imprisonment) are not “the people” protected by the Second Amendment. Read the full decision here.

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