| RECENT COURT DECISIONS ON THREE KEY SECOND AMENDMENT ISSUES From felony bans to waiting periods and permit fees, courts across the country are addressing the limits of an individual’s rights under the Second Amendment, with varying outcomes. In Vincent v. Bondi, the Court of Appeals for the Tenth Circuit (with jurisdiction over the Mountain West and Plains States and headquartered in Colorado) reaffirmed its stance that felons — violent or not — can still be barred from firearm possession. Meanwhile, in Beckwith v. Frey, a federal district court in Maine granted a preliminary injunction against the state’s 72-hour waiting period law, finding it an unconstitutional burden on an individual’s rights. And finally, in People v. Brown, an Illinois state court struck down the state’s Firearm Owner’s Identification (“FOID”) card requirement, holding that forcing law-abiding citizens to pay fees to exercise their Second Amendment rights is unconstitutional. These cases highlight ongoing legal battles shaping the future of Second Amendment related rights in America as a result of two recent cases decided by the United States Supreme Court. In Vincent v. Bondi, the plaintiff challenged her prohibition on firearm possession under 18 U.S.C. § 922(g)(1) due to her conviction for bank fraud, a non-violent crime. The Tenth Circuit, which had previously upheld the prohibition, heard the matter again because the Supreme Court had agreed to review the first decision, but then sent it back to the Tenth Circuit to review again following the Supreme Court’s holding in United States v. Rahimi. Ultimately, the Tenth Circuit panel reaffirmed its prior decision finding that longstanding prohibitions on felons, violent or non-violent, possessing firearms is constitutional. The Tenth Circuit panel further found that Rahimi did not change its analysis, and ultimately rejected Vincent’s argument. In Beckwith v. Frey, a judge from the U.S. District Court for Maine was asked to review whether the state’s new law requiring a 72-hour waiting period before delivery of a firearm was unconstitutional. The plaintiffs, including firearm dealers and individuals seeking to purchase firearms, sought a preliminary injunction and argued that the law violates the Second Amendment. The court ruled that the law lacks narrow, objective, and definite standards, and that its blanket application contradicts constitutional protections. Significantly, the court found that even this temporary deprivation of the Second Amendment would result in irreparable injury. While the plaintiffs were able to secure the early injunction, the matter will now continue into discovery, and ultimately, a final decision. Finally, in People v. Brown, a state court judge was asked to review an Illinois law that requires any person who possesses a firearm to hold a FOID card. The defendant, who had no criminal record and was otherwise eligible to have and possess a firearm and obtain a FOID card pursuant to Illinois law, was charged with possession of a firearm in her own home without having a FOID card. Ultimately, the court found these requirements unconstitutional “on their face and as applied to law-abiding citizens,” and that defendant’s activity of simply possessing a firearm within the confines of her home is an act protected by the Second Amendment, for which she cannot be criminally charged. Significantly, the court even took issue with the fees associated with the FOID card and held that “any fee associated with exercising the core fundamental constitutional right of armed self-defense within the confines of one’s home violates the Second Amendment.” Renzulli Law Firm will continue to monitor these cases and provide future updates as they are received. If you have any questions about cases involving the Second Amendment or the firearms industry, please contact John F. Renzulli or Christopher Renzulli. Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on the Firm’s website. Our firearms legislation updates are available here. Additional information about the Firm’s litigation, counseling and consulting services for the Firearms Industry is available here. |