Federal Defenders of New York Second Circuit Blog

Third Circuit Upheld Two As-Applied Challenges to 18. U.S.C. 922(g)(1)

Last week, the Third Circuit, sitting en banc, upheld two as-applied challenges to 18 U.S.C. 922(g)(1), holding that it was unconstitutional as applied to individuals who have not previously been convicted of a felony involving violence.  You can read the decision in Binderup v. Attorney General, 14-4550, 14-4549, here. The Court itself described the opinion … Read more