A federal appeals court on Tuesday ruled that a federal ban on gun possession by convicted felons cannot be constitutionally applied to some people whose prior offenses did not involve violence or threats indicating a risk of misusing firearms.The U.S.Court of Appeals for the Third Circuit issued two rulings clarifying when the federal prohibition on gun possession by convicted felons can be enforced under the Second Amendment.The court, which includes several judges appointed by President Donald Trump, upheld the firearms restriction against a man with a conviction stemming from a carjacking but ruled that the ban could not be applied to another man based on his prior drunk-driving convictions.One of the cases decided on Tuesday involved James Bost, who pleaded guilty to terroristic threats, criminal conspiracy, false imprisonment and simple assault in Pennsylvania state court following a 2002 carjacking.MAJOR APPEALS COURT DECLARES NEW JERSEY AR-15 BAN UNCONSTITUTIONAL IN LANDMARK SECOND AMENDMENT RULINGA federal appeals court ruled that a federal law prohibiting felons from owning guns can only be constitutionally applied when a person's previous conviction involved violence or threats that indicate they could pose a risk of misusing firearms.
(PATRICK T.FALLON/AFP via Getty Images)Bost was later indicted on federal firearms charges after authorities found him in possession of a gun despite his prior convictions.
He sought to dismiss the charges, arguing that the federal ban violated his Second Amendment right to keep and bear arms.U.S.Circuit Judge Stephanos Bibas, writing for the majority in the decision against Bost, said people convicted of crimes demonstrating a risk of physical violence through the misuse of firearms may presumptively be disarmed based on those convictions alone."The right to keep and bear arms has limits, and this is one: Those who pose a risk of physical violence from misusing guns can be disarmed before that risk becomes a reality,...