2nd Circuit: Federal Gun Ban Applies to Financial Felons following a Monday decision from a three-judge panel that unanimously upheld the constitutionality of stripping non-violent felons of their Second Amendment rights. The case centered on a New York plaintiff, who challenged the federal firearms ban after being convicted of white-collar crimes—specifically, bank and tax fraud.
While many advocates for gun rights argue that such non-violent offenses should not result in permanent disarmament, the 2nd Circuit Court of Appeals disagreed. The court ruled that Congress has the authority to disarm individuals with felony convictions, regardless of whether those convictions involved violence or posed a threat to public safety.
The ruling came in the case of Zherka v. Bondi, a challenge that cited the 2022 Supreme Court Bruen decision, which requires modern gun control laws to be evaluated against the “history and tradition” of firearm regulation at the time of the nation’s founding. Rather than support the plaintiff’s claim, the 2nd Circuit pointed to historical laws that disarmed entire classes of people—such as those considered politically or religiously subversive—as justification for continuing the federal ban.
Judge Gerard Lynch, writing on behalf of the panel, explained: “Because legislatures at or near the Founding had the authority to pass laws disarming large classes of people based on status alone, we conclude that the Second Amendment does not bar Congress from passing laws that disarm convicted felons, regardless of whether the crime of conviction is nonviolent.”
Deep Divide in Courts Raises Need for Supreme Court Review
The fact that 2nd Circuit: Federal Gun Ban Applies to Financial Felons contradicts other recent rulings underscores the growing judicial split over whether non-violent felons can be permanently barred from owning firearms. The 2nd Circuit joins the 4th, 8th, 9th, 10th, and 11th Circuits in upholding the federal gun ban for all felons—including those convicted of crimes unrelated to violence or weapons.
But not all courts agree. The 3rd, 5th, and 6th Circuits have issued decisions that challenge the broad application of the federal prohibition. Most notably, the 3rd Circuit struck down the federal gun ban in a case involving a non-violent offender, finding that the government failed to prove that such restrictions align with the nation’s historical tradition of firearm regulation.
This judicial conflict has created a confusing patchwork of rights that vary dramatically depending on which part of the country a person lives in. A financial felon in Pennsylvania, for example, may have their gun rights restored based on circuit precedent, while someone with a nearly identical conviction in New York will continue to be barred.
Critics of the 2nd Circuit ruling argue that it relies on shameful and outdated laws from the Founding Era that were based not on public safety but on political control and discrimination. Laws that once disarmed Catholics, enslaved people, or Native Americans are now being cited to justify modern gun bans—an approach many see as morally and constitutionally flawed.
Supporters of the ruling, however, argue that any felony conviction should carry significant consequences, including the loss of certain civil rights. They contend that Congress has long had the authority to set standards for lawful gun ownership and that the courts should not overturn those standards lightly.
The Battle Over Felon Gun Rights Is Far From Over
The decision in 2nd Circuit: Federal Gun Ban Applies to Financial Felons is the latest chapter in a larger, unresolved legal debate that is almost certainly headed to the U.S. Supreme Court. With federal appeals courts deeply divided on the issue, the high court may be forced to step in and issue a definitive ruling on whether non-violent felons can be permanently disarmed without violating the Second Amendment.
Until that happens, Americans with past non-violent convictions will continue to live under a fractured legal system that treats their rights differently based solely on geography. For gun rights advocates, the path forward is clear: only the Supreme Court can bring consistency and constitutional clarity to this critical issue.
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