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Landmark Ruling: Felon’s Second Amendment Rights Upheld by 9th Circuit

Payam Javan: In a remarkable ruling from the 9th Circuit Court of Appeals, a three-judge panel broke with precedent by affirming the Second Amendment right of a five-time felon to possess a firearm for self-defense.

The decision, penned by Judge Carlos Bea and referencing the Supreme Court’s Bruen case, argued that historical tradition must support restrictions on felons’ gun rights, which the government failed to demonstrate. Despite acknowledging the rationale behind barring felons from firearm possession, the panel held that the Second Amendment’s language protects individuals like the defendant.

Critics, including law professor Eugene Volokh, anticipate a review of the decision, especially in light of the forthcoming case from the Supreme Court, which touches on similar issues.

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