BELLEVUE, Wash. — The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the Third Circuit Court of Appeals in a case challenging the federal lifetime ban on firearm possession as applied to an individual with a decades-old misdemeanor DUI conviction.
The case, Williams v. Attorney General of the United States, will be argued before an en banc panel in February. SAF is joined in the amicus filing by the California Rifle & Pistol Association, Citizens Committee for the Right to Keep and Bear Arms and Second Amendment Law Center.
Backgrounder: Williams v. Attorney General of the United States
Williams v. Attorney General of the United States is a Second Amendment case pending before the U.S. Court of Appeals for the Third Circuit that challenges the federal government’s practice of permanently banning firearm ownership based on old, nonviolent misdemeanor convictions. The case centers on Mr. Williams, a law-abiding citizen who lost his gun rights because of a misdemeanor DUI conviction from more than 20 years ago, despite no history of violence, firearms misuse, or ongoing criminal conduct. A federal district court ruled that applying a lifetime firearm ban to Williams is unconstitutional, but the government appealed that decision. The Second Amendment Foundation, joined by several allied organizations, has filed an amicus brief arguing that under the Supreme Court’s decisions in New York State Rifle & Pistol Association v. Bruen and United States v. Rahimi, firearm restrictions must be grounded in the nation’s historical tradition, which they say does not support permanent disarmament for long-past, nonviolent offenses.
The case will be heard en banc in February, and a ruling in Williams’ favor could have broad implications for others facing similar lifetime prohibitions.
“The government’s position defies Bruen and Rahimi by seeking to impose a permanent disarmament on a law-abiding citizen based solely on a nonviolent misdemeanor from 20 years ago, with no evidence of ongoing danger,” said SAF Director of Legal Research and Education Kostas Moros.
“History shows that Founding-era laws addressed the risks of intoxication and firearms through temporary restrictions on those currently impaired, never by stripping gun rights forever from someone who once drank irresponsibly but has since reformed. We urge the Court to reject this overreach and affirm the district court’s ruling.”
If the Third Circuit rules in favor of Mr. Williams, it could have major implications for many others who are disarmed due to similar convictions.
“This case highlights the unconstitutional overreach of federal disarmament laws that ignore historical limits and present-day realities,” said SAF founder and Executive Vice President Alan M. Gottlieb. “SAF is committed to defending the rights of individuals like Mr. Williams, and we believe this case warrants the Court’s careful consideration.”
For more information visit SAF.org.
Second Amendment Foundation
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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