Tuesday’s decision follows a far-reaching Supreme Court ruling last year that instructs judges to look to history and tradition to weigh the constitutionality of gun control laws.
FILE - Judge Thomas Hardiman pauses during a meeting with The Associated Press, March 8, 2017, in Philadelphia. PHILADELPHIA — A U.S. appeals court ruled Tuesday that nonviolent offenders should not be subject to lifetime gun bans, the latest fallout from a recent Supreme Court decision that instructs judges to look to history and tradition to weigh the constitutionality of gun control laws.
The 11-4 majority — reversing a lower court decision in the wake of the Supreme Court’s Bruen decision — looked to gun laws dating to the 18th century for guidance and found none that contemplated lifetime weapons bans for nonviolent criminals. In the Bruen decision last year, the Supreme Court tossed aside the balancing test that lower courts had long used to decide gun control cases. Judges should no longer consider whether the law serves public interests like promoting public safety, but must instead find the ban consistent with the country’s “historical tradition of firearm regulation.” The ruling has led courts to overturn gun bans designed to keep weapons away from domestic abusers, felony defendants and marijuana users.
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