In 2018, in Kanter v. Barr, the Seventh Circuit Court of Appeals ruled that a person convicted of a federal felony, no matter how long ago and no matter how non-violent the nature of the offense, could never have their Second Amendment rights restored. The Court effectively ruled: once a felon, always a felon. This contradicts not only tenets of the criminal justice system, but also basic human principles of personal growth and redemption. Now-Supreme Court Justice Amy Coney Barrett, who was on the Seventh Circuit at the time, wrote a much-cited dissent explaining that the point of disarming felons was based on the idea of disarming dangerous persons, not merely because of their status as felons. She wrote:
Neither Wisconsin nor the United States has introduced data sufficient to show that disarming all nonviolent felons substantially advances its interest in keeping the public safe. Nor have they otherwise demonstrated that Kanter himself shows a proclivity for violence. Absent evidence that he either belongs to a dangerous category or bears individual markers of risk, permanently disqualifying Kanter from possessing a gun violates the Second Amendment.
Kanter can now only be overruled by the Seventh Circuit itself or the Supreme Court. The decision effectively bars non-violent persons with long-ago federal felonies from even asking a Court to restore their rights. A federal statute is supposed to provide for restoration hearings for such persons, but since Congress has refused to provide funding, the statute has been rendered impotent. This has resulted in an unconstitutional system where persons are deprived of their Second Amendment rights with virtually no opportunity to ever again prove themselves.
In an effort to right this wrong, the Firm has filed a lawsuit to ask the higher courts to address this very issue. Mr. Atkinson was an unwitting participant in a minor business scheme more than 20 years ago, and pleaded guilty to felony. He has done nothing to earn any label of dangerousness, and deserves the opportunity to at least ask a Court to restore his firearm rights. Mr. Atkinson, with the support of the Illinois State Rifle Association, hopes the Courts will allow him to make this request.
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.
