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16 Drexel L. Rev. 1 (2024)

handle is hein.journals/drexel16 and id is 1 raw text is: DREXEL LAW REVIEW THOMAS R. KLINE SCHOOL OF LAW VOLUME 16 2024 ISSUE 1 ARTICLE DISARMING THE DANGEROUS: THE AMERICAN TRADITION OF FIREARM PROHIBITIONS Joseph G.S. Greenlee* ABSTRACT The Supreme Court elucidated in New York State Rifle & Pistol Association v. Bruen that a modern firearm regulation is constitu- tional only if the government proves that it is consistent with the na- tion's historical tradition offirearm regulation. Lower courts are now exploring the historical tradition of firearm regulation to determine who can be barred from possessing firearms. The Third Circuit Court of Appeals became the first federal circuit court to address the issue post-Bruen, when a three-judge panel decided Range v. Attorney General United States. In Range, Bryan Range challenged a federal law that forever banned him from possessing firearms based on a non- violent misdemeanor conviction in 1995. The Range panel upheld the ban, determining that the historical standard is not dangerousness, but whether the person's actions evince a disrespect for the rule of law. The Third Circuit later reheard the case en banc and held the ban un- constitutional, because the government failed to prove that America's tradition offirearm regulation supports disarming Mr. Range. The en * Director of Constitutional Studies, FPC Action Foundation; Research Associate, Inde- pendence Institute; Policy Advisor for Legal Affairs, Heartland Institute; http: / /josephgreen- lee.org. The author sincerely thanks David B. Kopel, for his thoughtful suggestions and insights, and Wyatt S. Greenlee, for his tireless research assistance. I

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