Unlikely Allies Join Forces to Contest Lifetime Ban on Firearms

Gavel and scales of justice on wooden surface.

In an unprecedented alliance, the ACLU and NRA team up to challenge lifetime firearm bans for non-violent felons.

At a Glance

  • The ACLU advocates against a specific gun law as unconstitutional.
  • Filed in the Ninth Circuit Court of Appeals, the brief argues against lifetime firearm bans.
  • The collaboration with the NRA accentuates broader civil rights and firearm policy debates.
  • The case could have significant implications for the Supreme Court and overall gun legislation.

A Surprising Coalition for Civil Liberties and Gun Rights

In the case of United States v. Duarte, the American Civil Liberties Union (ACLU) and the National Rifle Association (NRA) have joined forces to challenge lifetime firearm bans for non-violent felony convictions. Duarte argues that his Second Amendment rights were stripped unjustly following a non-violent felony conviction. The Ninth Circuit Court of Appeals reversed a lower court’s decision, focusing on historical precedents to reconsider the ban.

The ACLU has traditionally supported gun control measures but is now contesting this law’s constitutionality. They recently filed an amicus brief with the Ninth Circuit Court, arguing that a blanket ban on felons owning guns violates the Second Amendment. The brief suggests the government must demonstrate historical consistency to override Second Amendment rights.

Examining the Broader Implications

Aligning the ACLU with the NRA, Firearms Policy Coalition, and Cato Institute, the brief criticizes broad-ranging bans, especially for non-violent crimes. According to the ACLU, Second Amendment protections shouldn’t be limited to “responsible, law-abiding citizens.” The historical record doesn’t support a blanket ban for non-violent offenders. The ACLU also highlights the racially disparate impact of such bans, particularly on Black Americans.

The ACLU’s arguments may sway the Ninth Circuit and potentially influence future Supreme Court decisions. This case might intensify the ongoing federal circuit split over felon-in-possession bans. Since the Supreme Court’s Bruen decision, over 1,000 felons have challenged their gun bans, indicating the broad impact of such rulings.

A Record of Advocacy

In another significant case, the ACLU previously represented the NRA, challenging New York state officials’ coercion of private companies to blacklist the NRA. The Supreme Court ruled unanimously in favor of the NRA, a decision underscored by Justice Sotomayer’s caution against viewpoint discrimination. David Cole, the ACLU’s national legal director, emphasized that government officials should not use regulatory authority to silence political groups.

This collaboration marks another chapter where the ACLU and NRA jointly defend fundamental rights. It also reflects the intricate dynamics of protecting civil liberties while ensuring constitutional safeguards. This case could reshape the future of gun control legislation and civil liberties in the United States.

Sources:

  1. Analysis: ACLU Goes to Bat for Non-Violent Felon Gun Rights [Member Exclusive]
  2. Supreme Court Unanimously Rules in Favor of NRA in Free Speech Case, Upholds First Amendment Rights of All Advocacy Groups
  3. More Than a Thousand Felons Have Challenged Their Gun Bans Since the Supreme Court’s Bruen Decision

RELATED ARTICLESMORE FROM AUTHOR