“Folajtar has been fighting that particular act of Congress in federal court since 2018. Last week, a divided panel of the U.S. Court of Appeals for the 3rd Circuit rejected her constitutional challenge.
“Persons who have committed serious crimes forfeit the right to possess firearms much the way they ‘forfeit other civil liberties,'” such as the right the vote, stated the majority opinion of Judge Thomas L. Ambro in Folajtar v. Barr. And in this case, because Congress has designated Folajtar’s crime to be a felony, “we defer to the legislature’s determination.” That deferential approach, Ambro argued, “safeguards the separation of powers by allowing democratically constituted legislatures, not unelected judges, to decide in most cases what types of conduct reflect so serious a breach of the social compact as to justify the loss of Second Amendment rights.”
Writing in dissent, Judge Stephanos Bibas faulted his colleagues for an “extreme deference that gives legislatures unreviewable power to manipulate the Second Amendment by choosing a label.” Yes, there are “historical limits on the Second Amendment,” he acknowledged. And yes, “those limits protect us from felons, but only if they are dangerous.” Lisa Folajtar “is not dangerous. Neither the majority nor the Government suggest otherwise. Because she poses no danger to anyone,” Bibas concluded, she has no business permanently losing one of her constitutional rights.
In 2019, the U.S. Court of Appeals for the 7th Circuit delivered a similar ruling in Kanter v. Barr. Writing in dissent, then-Judge Amy Coney Barrett—who is Justice Amy Coney Barrett now—insisted that the majority was dead wrong.
“History is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns,” Barrett wrote. “But that power extends only to people who are dangerous. Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons. Nor have the parties introduced any evidence that founding-era legislatures imposed virtue-based restrictions on the right; such restrictions applied to civic rights like voting and jury service, not to individual rights like the right to possess a gun. In 1791—and for well more than a century afterward—legislatures disqualified categories of people from the right to bear arms only when they judged that doing so was necessary to protect the public safety.””
Homicide Harvard Injury Control Research Center. Havard T.H.Chan School of Public Health. FIREARMS AND FAMILY VIOLENCE Arthur Kellermann, Sheryl Heron. 1999. Emergency Medicine Clinics of North America. https://www.sciencedirect.com/science/article/abs/pii/S0733862705700924 Firearm possession and violent death: A critical review Wolfgang Stroebe. 2013. Aggression and Violent
“Firearms are only used in a small number of suicide attempts, but are responsible for a majority of suicide deaths.”
“America’s weak gun laws make it much easier to commit shootings like these. This is a widely known fact, including among terrorist groups. Back in 2011, a now-dead American al-Qaeda operative, Adam Gadahn, said as much in a video to supporters”
“Every country is home to extremists and other hateful individuals. People of every country get into arguments and fights with friends, family, and peers. But in the US, it’s much more likely that someone who’s extreme, hateful, or otherwise angry is able to pull out a gun and kill someone — there are so many guns around and few barriers to obtaining the weapons.”
“The research, compiled by the Harvard School of Public Health’s Injury Control Research Center, is also pretty clear: After controlling for variables such as socioeconomic factors and other crime, places with more guns have more gun deaths. Researchers have found this to be true not only with homicides but also with suicides”
“the US is not an outlier when it comes to overall crime”
“Instead, the US appears to have more lethal violence specifically, driven in large part by the prevalence of guns.”
“Researchers have found that stricter gun laws could help. A 2016 review of 130 studies in 10 countries, published in Epidemiologic Reviews, found that new legal restrictions on owning and purchasing guns tend to be followed by a drop in gun violence, a strong indicator that restricting access to guns can save lives. A review of the US evidence by RAND also linked some gun control measures, including background checks, to lower rates of injuries and deaths. A growing body of evidence from Johns Hopkins researchers further supports the efficacy of laws that require a license to buy and own guns.
That doesn’t mean bigots and extremists will never be able to carry out shootings in places with stricter gun laws. Even the strictest gun laws can’t prevent every shooting.
Guns are not the only contributor to violence, either. Other factors include, for example, poverty, urbanization, alcohol consumption, and the strength of criminal justice systems.”