{"id":680,"date":"2017-06-26T15:46:00","date_gmt":"2017-06-26T15:46:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2017\/06\/26\/not-all-bad-news-today-from-scotus\/"},"modified":"2019-08-16T18:27:52","modified_gmt":"2019-08-16T18:27:52","slug":"not-all-bad-news-today-from-scotus","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=680","title":{"rendered":"Not All Bad News Today From SCOTUS"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:8381,&quot;href&quot;:&quot;https:\\\/\\\/www.supremecourt.gov\\\/orders\\\/courtorders\\\/062617zor_8759.pdf&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nIt wasn&#8217;t all bad news on gun rights from the US Supreme Court today. Despite the negative ruling on certiorari for the Peruta case, we did get a win today when the <a href=\"https:\/\/www.supremecourt.gov\/orders\/courtorders\/062617zor_8759.pdf\" target=\"_blank\" rel=\"noopener\">court denied the government&#8217;s appeal in Sessions et al v. Binderup et al<\/a>. Justices Ginsburg and Sotomayor would have granted certiorari to the government.<\/p>\n<p>The case involved the loss of gun rights for individuals convicted of non-serious misdemeanors. The 3rd Circuit Court of Appeals had ruled that it violated the Second Amendment to deny such individuals their right to possess and purchase firearms. The Justice Department under former AG Loretta Lynch appealed that ruling. For some unknown reason, they didn&#8217;t move to dismiss the case under AG Jeff Sessions.<\/p>\n<p>By refusing to grant certiorari, the court preserved the ruling of the 3rd Circuit. The Second Amendment Foundation which represented the plaintiffs in this case released the following statement on their win:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>BELLEVUE, WA \u2013 The Supreme Court of the United States has  declined to  review an important  Second Amendment Foundation case  involving  firearms  rights for individuals convicted of certain non- violent misdemeanor crimes .<\/p>\n<p>The decision allows  an earlier  favorable   en banc   ruling  for SAF  by the Third U.S. Circuit Court of Appeals   in Pennsylvania  to stand .  In the  case of  <\/i>Binderup v. the U.S. Attorney General<i> , the appeals court ruled  that individuals  convicted of certain non-serious misdemeanor crimes do not lose their fundamental rights under the Second Amendment  for life .  After  SAF won at the appeals court level,  the  Obama Justice Department   sought Supreme Court review .<\/p>\n<p>The case involve d  a man named  Daniel Binderup , who  pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee .  He  received three years\u2019 probation and a $300 fine.   However, because the crime could have resulted in jail time  of more than one year  for which the federal gun law blocks firearms possession , Binderup  sought  protection of his rights via the courts .<\/p>\n<p>\u201cWhile we were confident that our case would once again prevail before the Supreme Court, we\u2019re delighted at the high court\u2019s decision that allows our victory in the Third Circuit to stand,\u201d  noted SAF founder and Executive Vice President Alan M. Gottlieb. \u201cWe establish ed  the principle that people who are convicted of certain misdemeanor crimes cannot be stripped of their fundamental right to keep and bear arms  for life. \u201d<\/p>\n<p>The Third Circuit Court\u2019s favorable  ruling combined Binderup\u2019s case with  another SAF case involving  a man named Julio Suarez . He  was stopped in 1990 on suspicion of driving while intoxicated.  At the time he was carrying a handgun and spare ammunition without a permit.  He pleaded guilty in Maryland state court to the charge and received a 180-day s uspended sentence and $500 fine . As  a result, he also lost his gun rights because the crime could have resulted in jail time  of more than one year . Neither man was ever incarcerated.<\/p>\n<p>\u201cWe cannot allow government to simply deny constitutionally-delineated rights on such flimsy grounds,\u201d Gottlieb said.  \u201cWhile SAF\u2019s goal is winning firearms freedom one lawsuit at a time, this time we won two!\u201d<\/i><\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>It wasn&#8217;t all bad news on gun rights from the US Supreme Court today. Despite the negative ruling on&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":1,"footnotes":""},"categories":[1],"tags":[1513,1514],"class_list":["post-680","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-binderup-v-holder","tag-binderup-v-sessions"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/680","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=680"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/680\/revisions"}],"predecessor-version":[{"id":11108,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/680\/revisions\/11108"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=680"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=680"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=680"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}