An en banc panel of the Third Circuit Court of Appeals (the federal appellate court for federal district courts in New Jersey, Pennsylvania, Delaware, and the Virgin Islands) rendered a landmark decision on June 6, 2023, that has sent shockwaves through the legal defense community. In Range, the Third Circuit held that a felon in possession of a firearm (18 USC §922(g)) is unconstitutional as applied to a person who had committed a prior offense for making a false statement under Pennsylvania law. This decision has extensive and dramatic implications for federal gun possession rights, though the exact extent of the reach of the Court’s holding is unknown, since it limited its decision to the facts before it, which were for an extremely old (30 years) non-violent fraud offense. This case will certainly bring a great deal of cases into this circuit, of defendants challenging the contours of 922(g) regarding gun possession. Moreover, the impact that this decision will have on those already convicted of this offense, based upon similar prior convictions, will undoubtedly bring a rash of cases as well. A finding that the statute is “unconstitutional” renders previous similar convictions invalid.
Lorraine Gauli-Rufo and LGR Law Group, focuses on defending federal charges brought in New Jersey or in Manhattan, New York and White Plains. If you or a loved or a loved one are facing federal criminal charges or are under investigation by federal agents or have been contacted by a federal agent of an Assistant United States Attorney, we can help you. Ms. Gauli-Rufo and her team have successfully defended people charged with crimes throughout New York and New Jersey. They have obtained acquittals of many charges and have been able to obtain reduced charges and below Guideline sentences (including probationary sentences) in thousands of cases over the last 30 years. Our federal criminal cases include healthcare fraud, bank fraud, wire fraud, mail fraud, internet and computer fraud, securities fraud, Hobbs Act Robbery, Firearm and gun charges, drug offenses, RICO, gang crimes and more. We also handle appeals and habeaus matters. We have appeared and argued in both the Third Circuit Court of Appeals and the Second Circuit. We offer a free 15 minute consultation and defense strategy session for all potential clients. Call today to schedule an appointment with our experienced and trusted criminal defense lawyers today. Call (973) 239-4300 or email our intake specialist at [email protected]. instead please give our law firm website to contact us lgrlawgroup.com or email lorraine@lgrlawgroup.
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