Third Circuit grants as-applied constitutional challenge to 18 U.S.C. § 922(g)(1) for individual convicted of welfare fraud nearly 25 years ago

In Range v. Attorney General, Appeal No. 21-2835 (3d Cir. June 6, 2023) (en banc), Petitioner Bryan Range was prohibited from purchasing a firearm under 18 U.S.C. § 922(g)(1) by virtue of having a 1995 conviction for making false statements to obtain food stamps in violation of 62 Pa. Stat. Ann. § 481(a), a crime Pennsylvania classifies as a misdemeanor punishable by up to five years in prison. He sued seeking a declaration that § 922(g)(1) violates the Second Amendment as applied to him. The Court agreed, holding 11-4 that the government did not carry its burden of proving that disarming him is consistent with the Nation’s historical tradition of firearm regulation. There were six opinions, between the majority, concurrences, and dissents.

Potentially broad impact: The various opinions exhaustively debate whether Range has a narrow or incredibly broad impact. Here are the immediate takeaways:

(1) not all felons are covered by § 922(g)
(2) felons “like Range” are not
(3) what “like Range” means remains to be determined: minor fraud, all fraud, all nonviolent, all nonthreatening to public order when armed, all felons, other?

Stay tuned for further developments!