Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced the filing of an opening brief in the appeal of Williams v. Garland, which challenges the federal Gun Control Act’s lifetime ban on exercise of Second Amendment rights due to a single misdemeanor conviction for a crime that did not involve violence, physical harm, or a firearm. The brief can be found at FPCLegal.org.
Following a 2005 trial, Edward Williams was convicted of driving under the influence, in violation of Pennsylvania law. Because he had a previous DUI non-conviction in 2001, that was later expunged, the 2005 conviction qualified as a first-degree misdemeanor, which carries a maximum sentence of up to five years’ imprisonment. However, he was never imprisoned and was instead placed under house arrest for 90 days, ordered to pay costs and a fine of $1,500, and complete any recommended drug and alcohol treatment under the mandatory minimum sentence.
The Williams opening brief argues that under the “dangerous” test from the Third Circuit’s Binderup v. Attorney General decision, the federal law prohibiting certain individuals from possessing firearms is unconstitutional as applied to Williams because “[h]is conviction had nothing to do with firearms or violence, and he has been a peaceable citizen his entire life.” Additionally, the brief argues that every element in Binderup’s multifactor “virtue” test also favors Williams because “he was convicted of a misdemeanor, the offense was nonviolent, he received the mandatory minimum sentence, and there is no cross-jurisdictional consensus that a DUI is a serious crime.”
“This case provides the Third Circuit an excellent vehicle to correct their precedents and conform the Court’s analysis to what the Supreme Court requires under Heller,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “Furthermore, the Williams case will also provide the Supreme Court with another opportunity to address whether individuals convicted of non-violent misdemeanors can be forever prohibited from exercising their right to keep and bear arms. We look forward to moving this case forward, hopefully to an en banc panel and ultimately up to the Supreme Court.”