A man who was convicted of a non-violent felony has filed a class action lawsuit that accuses the federal government of violating his Second Amendment right to own a firearm.
His current suit touches on issues shared by a large number of people across the country. After many years of lawful behavior in the wake of a non-violent charge, they’re still prohibited from purchasing a firearm.
The story behind the lawsuit
According to the class action lawsuit, plaintiff Barry Michaels was convicted of white-collar crimes in the 1990s and completed his sentence more than five years ago. Aside from his non-violent felony conviction, he has not committed any other acts and he does not possess any other qualities that would restrict him from legally owning a gun.
Instead of complaining about the unfair nature of the restriction, the Nevada man has decided to take his case to the highest level he can. He’s now drawing the attention of thousands in similar situations.
The topics that will be under scrutiny
Michaels names Loretta Lynch, the Attorney General of the United States, and Thomas E. Brandon, the Deputy Director and Head of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as defendants.
He takes issue with section 18 of the Gun Control Act of 1968, which he says was intended to prevent violent criminals from possessing firearms. Even though he is a non-violent criminal, he runs the risk of being put in prison if he were to purchase a firearm.
As applied, the law “broadly sweeps in a large class of non-violent felons … unlawfully encroaching upon [their] core, fundamental Second Amendment rights,” Michaels alleges. He wants the court to allow non-violent felons to exercise their Second Amendment rights to own a firearm.
Why it matters for concealed carry
Anyone carrying concealed should take note of this issue. It sends a message to the community that people can stand up for their rights when they feel an injustice is being done. The firearms community has a responsibility to stay informed and speak up when issues like this arise.
You can learn more at www.BarryMichaelsVsLorettaLynch.com.
