r/progun • u/ZheeDog • 3d ago

FPC WIN: In the FPC-supported case of Williams v. Blanche, the Third Circuit has ruled that the federal felon gun ban is unconstitutional as-applied to Mr. Williams

https://assets.nationbuilder.com/firearmspolicycoalition/pages/8723/attachments/original/1791912550/2026.10.13_140_OPINION.pdf?1791912550
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15

u/WowBruhReborn 3d ago

As-applied. Lame

6

u/ZheeDog 3d ago

The Third Circuit ruled that the federal felon-in-possession law was unconstitutional as applied to Williams, whose disqualifying convictions involved repeat DUI offenses. The court did not invalidate the law itself, but its decision establishes a precedent that can affect future cases within the Third Circuit. The majority reasoned that a criminal conviction alone does not automatically justify permanently depriving someone of Second Amendment rights; the government must satisfy the Constitution’s historical-tradition test for firearm restrictions. Other cases will depend on their specific facts and the court’s reasoning. The ruling gives Williams individual relief while establishing legal principles that can benefit others who challenge the law.

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u/WowBruhReborn 3d ago

Yeah that's the issue. "Can benefit others who challenge the law". I don't know about you, but I don't have any money to challenge a parking ticket, let alone a federal statute.

As-applied rullings are dumb. It's the court basically saying that the constitution only applies to those whom have the financial means to defend themselves adequately. And even then there's a chance the court might find you guilty if they happen to have woken up on the wrong side of the bed that morning.

Either we all have rights or none of us do. As-applied rulings are cop-outs

1

u/ZheeDog 3d ago

agreed; but with enough of them, the dividing line between dangerous criminal convictions and non-dangerous ones will become more clear.

1

u/Tims_Learing_Center 3d ago

Just being devils advocate here. Doesn't there need to be as applied challenges?

Person A and B are convicted under 922g felons.

A and B both have 2 DUIs dating back 10 yrs and 8 yrs.

At trial evidence indicates A is still a fall down drunk, arguing with people, aggressive and angry.

B. Is in a recovery program, is upstanding in all respects and is generally a good guy.

Under Rahimi people can still be prohibited if they're dangerous.

As a result "as applied" to A 922g is constitutional whereas to B it is not