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Weekly Caselaw Updates

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Drummond v. Robinson Twp.

The Third Circuit revisited the Second Amendment's right to bear arms. The Greater Pittsburgh Gun Club operated on a 265-acre tract of land for nearly a century until it closed after its owner's conviction for possessing weapons by a convicted felon. A decade later, the plaintiff leased the land to…

Drummond v. Robinson Twp.
3rd Circuit

The Third Circuit revisited the Second Amendment’s right to bear arms. The Greater Pittsburgh Gun Club operated on a 265-acre tract of land for nearly a century until it closed after its owner’s conviction for possessing weapons by a convicted felon. A decade later, the plaintiff leased the land to open a gun shop and… Continue reading Drummond v. Robinson Twp.

The Law Division denied a law enforcement officer’s petition for a final extreme risk protective order that would have compelled D.L.B. to surrender her firearms. The State appealed and argued it showed by a preponderance of the evidence that D.L.B. posed the requisite danger to self or others. The Appellate Division reversed and remanded because… Continue reading In re D.L.B.

Folajtar v. Att’y Gen. US
3rd Circuit

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… Continue reading Folajtar v. Att’y Gen. US

Doe v. Governor of Pa.
3rd Circuit

In Doe v. Governor of Pa., two John Does wanted to buy guns. They were thwarted, though, because both had been involuntarily committed under Section 302 of Pennsylvania’s Mental Health Procedures Act. As a result of their commitments, Section 6105 of the PA Uniform Firearms Act prohibited them from possessing a firearm. The two Does… Continue reading Doe v. Governor of Pa.

Commonwealth v. Smith
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held in Commonwealth v. Smith that a person who is wanted on a bench warrant — even if that person is not physically fleeing prosecution — is a fugitive under the Uniform Firearms Act and is therefore statutorily ineligible to carry a gun under Section 6105 of the Act.

Commonwealth v. Montgomery
Pennsylvania Supreme Court

In Commonwealth v. Montgomery, the Pennsylvania Supreme Court held that an inquiry into whether or not a firearm is “concealed” under section 6016 of the Uniform Firearms Act is a heavily fact-specific inquiry and evidence that the defendant carried a gun “partially tucked into his waistband” can be sufficient evidence to establish concealment.