[JURIST] The US Court of Appeals for the Third Circuit [official website] on Thursday restored [opinion, PDF] gun ownership rights of two individuals convicted of minor crimes. One of these individuals was 41-year-old Daniel Binderup, who was convicted of having a sexual relationship with a 17-year-old female employee at his bakery. Binderup was aware that the employee was a minor, but the legal age of consent in Pennsylvania at the time was 16.
Binderup only served three years probation in addition to being required to pay a $300 fine, court costs and restitution. The other individual was Julio Suarez, previously convicted of being in possession of a firearm without a permit and of a separate DUI charge. Both individuals successfully challenged the state prohibitions against their ownership of firearms in Pennsylvania in 2009, but the federal prohibition continued to this date.
The appeals court concluded that Suarez and and Binderup have "rebutted the presumption that they lack Second Amendment rights by distinguishing their crimes of conviction from those that historically led to exclusion from Second Amendment protections" and that "the Government has failed to present sufficient evidence to demonstrate under even intermediate scrutiny that it may, consistent with the Second Amendment, apply § 922(g)(1) to bar Binderup and Suarez from possessing a firearm in their homes." Counsel for Binderup and Suarez stated that they expect the Department of Justice to appeal the ruling. ..Source.. by JURIST
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