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“The U.S. Court of Appeals for the 3rd Circuit has issued an opinion over the right to bear arms that has received little attention, but it should.
...
The 3rd Circuit decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored cases for a major Supreme Court decision. Indeed, the only thing lacking from the 2-1 ruling is a mailing label directly to Justice Barrett. In ruling that a nonviolent tax conviction can result in the denial of gun ownership, the panel presents a clean case to further define the contours of the individual rights recognized in District of Columbia v. Heller (2008).
The 3rd Circuit case concerns Lisa Folajtar who was denied the right to own a firearm. The reason was her pleading guilty in 2011 to willfully making a materially false statement on her tax returns. The plea led to a sentence of three years probation, including three months of home confinement, a $10,000 fine, and a $100 assessment. She also paid the IRS over $250,000 in back taxes, penalties and interest.
The case falls into the still grey area around the individual right articulated in 2008. The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.” Moreover, the court ruled two years later that Heller “did not cast doubt on such longstanding regulatory measures as ‘prohibitions on the possession of firearms by felons.’”
The question is whether this means any and all felons, even those never accused of violent acts.
...
There is a good-faith debate over whether this is an individual right, but the question raised by this case is whether, as an individual right, it can so easily be set aside – particularly under a law that preceded the Heller decision. Two justices are likely clearing their desks in anticipation of the arrival of this case from the 3rd Circuit.”
https://www.foxnews.com/opinion/gun-rights-case-supreme-court-barrett-jonathan-turley
Interesting piece by Jonathon Turley regarding this case from the 3rd Circuit that could make its way to the Supreme Court.
...
The 3rd Circuit decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored cases for a major Supreme Court decision. Indeed, the only thing lacking from the 2-1 ruling is a mailing label directly to Justice Barrett. In ruling that a nonviolent tax conviction can result in the denial of gun ownership, the panel presents a clean case to further define the contours of the individual rights recognized in District of Columbia v. Heller (2008).
The 3rd Circuit case concerns Lisa Folajtar who was denied the right to own a firearm. The reason was her pleading guilty in 2011 to willfully making a materially false statement on her tax returns. The plea led to a sentence of three years probation, including three months of home confinement, a $10,000 fine, and a $100 assessment. She also paid the IRS over $250,000 in back taxes, penalties and interest.
The case falls into the still grey area around the individual right articulated in 2008. The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.” Moreover, the court ruled two years later that Heller “did not cast doubt on such longstanding regulatory measures as ‘prohibitions on the possession of firearms by felons.’”
The question is whether this means any and all felons, even those never accused of violent acts.
...
There is a good-faith debate over whether this is an individual right, but the question raised by this case is whether, as an individual right, it can so easily be set aside – particularly under a law that preceded the Heller decision. Two justices are likely clearing their desks in anticipation of the arrival of this case from the 3rd Circuit.”
https://www.foxnews.com/opinion/gun-rights-case-supreme-court-barrett-jonathan-turley
Interesting piece by Jonathon Turley regarding this case from the 3rd Circuit that could make its way to the Supreme Court.
