Danby, VT asked in Federal Crimes and Constitutional Law for Vermont

Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

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James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies constitutionally to both violent and non-violent offenders. This reflects ongoing debates about the balance between public safety and individual rights.

Recent case law developments and lower court rulings have shown differing opinions on this matter, with some decisions favoring a more nuanced approach that distinguishes between violent and non-violent offenders. This indicates that the legal landscape is still evolving, and a definitive answer may come once the Supreme Court provides further guidance.

If you are a non-violent federal felon seeking to understand your rights regarding firearm ownership, it's important to stay informed about the latest legal developments. Consulting with a legal professional who is updated on current case law and federal regulations can provide you with the most accurate and personalized advice for your situation.

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