Eugene Volokh at reason.com wrote an informative article about a Pennsylvania man with a permanent firearm possession ban after he was convicted of possessing and using a falsified Pennsylvania Department of Transportation document in 1998 – specifically, he falsified a vehicle window-tinting permit. Technically a misdemeanor, the way the potential sentencing worked in Pennsylvania labeled the crime a felony for Gun Control Act purposes (18 U.S.C. § 922(g)(1)). Citing the factors listed in Binderup v. Att’y Gen. (3d Cir. 2016) (en banc), the federal Court ruled that – notwithstanding his prior conviction – the permanent ban in the plaintiff’s case violated his Second Amendment rights and restored his firearm eligibility.
There are two cases pending in the Seventh Circuit regarding these types of claims – Hatfield v. Whittaker and Kanter v. Whittaker, which will hopefully strengthen the availability of these types of claims, and clarify their standards. If you have a long-ago non-violent conviction that has resulted in the loss of firearm rights, contact my office for a consultation.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
