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U.S. District Court finds provision of 1968 Gun Control Act unconstitutional
Quote:U.S. District Court finds provision of 1968 Gun Control Act unconstitutional
Posted on February 18, 2015 in FPC Blog

2/18/15 Breaking News

In another victory for Second Amendment civil rights by attorney Alan Gura, a United States District Court found a provision of the Gun Control Act of 1968 unconstitutional as applied to some people who, like the plaintiff in the case, are currently law-abiding and not felons, adjudicated as mentally defective, or have a violent criminal history.

In the decision released today, Middle District of Pennsylvania Judge William W. Caldwell ultimately held that “Plaintiff [Julio Suarez] has established that his background and circumstances place him outside of the intended scope § 922(g)(1), and therefore the application of [18 U.S.C.] § 922(g)(1) violates Plaintiff’s Second Amendment protections.”

According to the decision, “On June 26, 1990, Julio Suarez was convicted in Montgomery County, Maryland of carrying a handgun without a license….The offense was a misdemeanor and subject to a term of imprisonment for not less than thirty days nor more than three years.”
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