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IPFS News Link • Gun Rights

Appeals Court: Non-Serious Convictions Do Not Permanently Erase Right to Keep, Bear Arms

•, by S.H. Blannelberry

The court addressed two cases that raised the issue, Binderup v. the U.S. Attorney General and Suarez v. the U.S. Attorney General, unanimously ruling that certain misdemeanor offenses are not grounds for depriving one of their right to keep and bear arms in perpetuity.

"Where the Second Amendment's guarantees apply, as they do for Binderup and Suarez, 'certain policy choices' are 'necessarily' taken 'off the table.' Forever prohibiting them from possessing any firearm is one of those policy choices," the appeals court said in Wednesday's ruling.

To recap the cases, Julio Suarez was pulled over for driving under the influence in 1990.  He was also carrying a handgun and ammo without a permit.  He pled guilty in a Maryland state court, receiving 180-day suspended sentence and a $500 fine.  Daniel Binderup, meanwhile, pled guilty to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee in 1996.  He received three years probation and a $300 fine.  Neither Suarez or Binderup were incarcerated.