Should some people with non-violent felony convictions have their second amendment rights restored?
We agree with Defendants that the circumstances of Plaintiff’s arrest were dangerous. But the inquiry is whether the challenger, today, not at the time of arrest, is more dangerous than a typical law-abiding citizen or poses a continuing threat.
There are two ways in which a challenger may fail to show he is not dangerous. One, the challenger’s conviction is for acts so violent that even after twenty-five years of nonviolent behavior he would continue to be dangerous and to pose a threat to society. This is not that case. Or [two], the facts and circumstances since the conviction show that the challenger remains dangerous. As revealed in our discussion above, we find Plaintiff’s background and circumstance establish that, today, he is not dangerous and does not pose a risk to society.
There have been similar cases in lower federal courts that have come to the same conclusion.