Appeals Court Addresses Gun Rights for Convicted Criminals

 Posted on October 29, 2026 in Criminal Defense

Even though the United States has laws that protect people’s right to bear arms, there are a variety of reasons why someone may be restricted from owning or possessing firearms. Federal laws prohibit firearm possession by people who have been convicted of certain types of crimes. However, recent court rulings could restore gun rights to certain people.

Because of changing laws and new rulings by different courts, confusion may arise about whether a person is allowed to possess a firearm. This could lead to weapons charges such as possession of a firearm by a felon. In these situations, a person can work with an attorney to determine the best strategies for defense. A lawyer with an understanding of the applicable state and federal laws can help ensure that a person’s rights will be protected.

Court Ruling Restores Firearm Rights for Man in Pennsylvania

Under 18 USC 922(g)(1), convicted felons are prohibited from possessing firearms. However, the wording of this law has created some confusion about who is considered to be a felon. The law states that a conviction for a crime that is punishable by a prison sentence lasting for more than one year will disqualify a person from firearm possession. This means that in some states, misdemeanor offenses with potential sentences of one year or more may qualify.

The U.S. Court of Appeals for the 3rd Circuit recently addressed this issue in a case involving a man in Pennsylvania who lost his firearm rights after a misdemeanor conviction. He was convicted of DUI in 2005, and because he had a previous DUI conviction and had a high blood alcohol concentration, the maximum sentence for the offense was five years. Even though this was a misdemeanor conviction, he was stripped of his firearm rights.

When reviewing the case, the appeals court determined that the law that took away the man’s firearm rights was unconstitutional. The U.S. Supreme Court has ruled that laws restricting gun rights are only constitutional if they are consistent with the historical traditions of firearm regulation in the country. Laws that go against these traditions may be overturned.

When the laws restricting firearm possession by felons were put in place, they were intended to prevent access to guns by people who could pose a danger to others. Originally, offenses such as murder, robbery, sexual assault, and assault with a deadly weapon were covered. However, Congress passed laws expanding the firearm ban to cover non-violent felonies and other offenses that could lead to prison sentences of more than one year.

Because historical traditions allowed for restrictions on firearm ownership by people who had been convicted of violent crimes, but the man in this case committed a non-violent offense, the court ruled that his firearm rights should be restored. While this ruling applies to the 3rd Circuit, Connecticut is in the 2nd Circuit, so the firearm restrictions that are currently in place in the state have not changed. Unless the U.S. Supreme Court chooses to review this case or another similar case and make a final decision on the matter, people in Connecticut are generally prohibited from possessing guns if they have been convicted of felonies or other offenses punishable by prison sentences higher than one year.

Contact Our Connecticut Weapons Charges Attorneys

Because there may be some confusion about what firearm rights apply to people in different states or different regions of the country, people with criminal convictions may face charges related to the possession of guns. At Woolf & Ross Law Firm, LLC, our Hartford weapons charges lawyers can defend people who have been charged with these offenses while taking steps to protect our clients’ rights. To learn how we can assist with these matters, contact our office at 860-290-8690 and schedule a free consultation.