Folajtar v. Att’y Gen. US

In 2011, Folajtar was convicted of federal tax fraud, which, under 18 U.S.C. § 922(g)(1), prohibited her from possessing a firearm. In 2018, Folajtar sued, asserting that applying § 922(g)(1) violated her Second Amendment right to possess firearms. In Folajtar v. Atty”Gen. US, the 3rd Circuit held that the legislature’s designation of an offense as a felony is generally conclusive in determining whether that offense is serious. The 3rd Circuit then ruled that tax fraud is a serious crime, Folajtar was not protected by the Second Amendment, and thus her as-applied challenge to § 922(g)(1) failed.

Folajtar