Sunday, February 22, 2015

PA:SAF wins another Case, Restores Second Amendment Rights

The Second Amendment Foundation has won another significant court victory.  This one will help reverse the ever expanding list of people who have become "prohibited persons"; people who are not allowed to keep or carry arms.  The case was tried in the federal Middle District Court in Pennsylvania. The victory was obtained in the case Suarez vs Holder(pdf).
Julio Suarez was convicted in Maryland 25 years ago of a misdemeanor for carrying a firearm without a license. Since then, he has led an exemplary life, but the conviction was enough to cost Suarez his ability to buy and keep a firearm for defense of his home and family. He's been married for 20 years, fathered three children and has a government security clearance. He is also an elder of his local church.

Middle District Court Judge William W. Caldwell said in his 26-page opinion that Suarez "is no more dangerous than a typical law-abiding citizen and poses no continuing threat to society."

SAF founder and Executive Vice President Alan Gottlieb said that "This case provides a building block upon which similar cases in which people are convicted of non-violent crimes might be challenged because they have lost their right to keep and bear arms as a result."

"A person should not lose his or her constitutional rights for non-violent indiscretions that occur once in a lifetime," added Attorney Alan Gura, who represented Suarez in this SAF-funded case.
SAF and Gura have racked up a number of impressive wins designed to restore second amendment rights that have been gradually infringed on over the last few decades.  This case builds on the idea that just because a violation has a potential sentence that is more that one year, does not make it a reasonable reason to take away fundamental constitutional rights, when he was originally sentenced to only 180 days.

Because this is a district court, the verdict only applies to him.  The Federal government may appeal to the Third Circuit Court of Appeals.  If they appeal, the result of that decision would be precedent setting.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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