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Ninth Circuit Upholds Gun Charge for Non-Violent Felon

The Ninth Circuit Court has confirmed a ruling that allows non-violent felons, like Steven “Shorty” Duarte, to be charged with firearm possession, reversing his earlier victory that restored his gun ownership rights. In its decision, the en banc panel drew on the historical context of the Second Amendment, stating that the prohibition of firearm possession for felons is rooted in early American legal traditions, thus affirming Duarte’s 2021 conviction despite his arguments based on a recent Supreme Court ruling.

The panel emphasized that their decision aligns with the Supreme Court’s stance that certain felon firearm restrictions are constitutional, even for non-violent offenders. This ruling marks a significant development in the ongoing debate over gun rights and regulations, as it highlights the tension between individual rights and public safety in the context of firearm legislation, especially following the Supreme Court’s New York State Rifle & Pistol Association v. Bruen decision.

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