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The Second Amendment Foundation (SAF) is back in federal court. This time, challenging one of the most extreme consequences of modern gun law: permanent disarmament over a long-past, nonviolent mistake.
On December 17, SAF and several partner organizations filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Williams v. Attorney General of the United States, a case questioning whether the federal government can strip someone of their gun rights for life based solely on a decades-old misdemeanor DUI conviction.
The plaintiff, Edward Williams, was convicted of DUI more than 20 years ago. No one was injured. No property was damaged. And there’s no allegation, past or present, of firearms misuse. Yet under federal law, that old conviction still triggers a lifetime firearm ban.
According to SAF, that result flatly conflicts with the Supreme Court’s post-Bruen framework and with American legal tradition.
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“The government’s position defies Bruen and Rahimi,” said SAF Director of Legal Research and Education Kostas Moros, arguing that history only supports temporary restrictions tied to present danger, not permanent bans for long-past conduct.
The brief leans heavily on history—and that’s exactly the point.
From the Founding through Reconstruction, laws addressing alcohol and firearms focused on current intoxication, not lifetime punishment. Colonial and 19th-century laws barred carrying firearms while drunk, not owning guns forever because someone once drank irresponsibly years earlier.
That distinction matters under Bruen. If earlier generations addressed the same problem in a narrower way, modern lawmakers don’t get to escalate it into a permanent rights ban.
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The Third Circuit has already recognized that logic. In Range v. Attorney General, the court rejected categorical disarmament untethered from present dangerousness. SAF argues Williams fits squarely within that precedent: a nonviolent offense, decades in the past, with no evidence of ongoing risk.
SAF founder Alan Gottlieb called the case a clear example of unconstitutional overreach. He warned that federal gun bans have drifted far beyond anything grounded in history or common sense.
If the Third Circuit rules for Williams, the implications could be significant. Not just for DUI cases, but for thousands of Americans permanently barred from firearm ownership over old, nonviolent offenses.
At its core, the case asks a simple question courts are increasingly forced to answer after Bruen:
When does “public safety” become permanent punishment divorced from reality?
The Third Circuit will hear the case en banc in February, setting the stage for another major test of how far gun bans can go in a post-Bruen world.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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I would like to see Henry make a old time 22 Gallery gun with the small pump action handle in the front.
Also have the large screw in the side for takedown. Make it a 250-year model. Make it so you could mind a small scope on it for us old timers I’m 77 eyes are nopt good. I have a Henry rifle they are very good quality. This is something for my wish list.
Wow! I know a lot of fine citizens that must be evil! Really, a DUI? Perhaps it is time to ask our politicians some hard questions involving pitchforks and torches.
Huh? Since when is a misdemeanor that isnt spousal abuse related result in federal ban on owning guns? Something isnt right about this story.
Here’s the explanation I found online:
In the 2025 case Williams v. Attorney General of the United States, a misdemeanor DUI (Driving Under the Influence) conviction can result in a lifetime federal firearm ban because of how federal law defines “prohibited persons” based on the potential prison sentence of a crime rather than its state classification.
The Mechanism: 18 U.S.C. § 922(g)(1)
Under the federal Gun Control Act, it is illegal for any person to possess a firearm if they have been convicted of a crime “punishable by imprisonment for a term exceeding one year”. While often called the “felon-in-possession” ban, this federal definition includes two critical extensions:
Maximum Potential Sentence: The ban is triggered by the maximum sentence a judge could have given, not the actual time served.
State Misdemeanors: For crimes labeled as “misdemeanors” by a state, the federal ban applies if the maximum potential punishment is more than two years.
Why it Applied to Edward Williams
The plaintiff, Edward Williams, was convicted of a DUI in Pennsylvania in 2005.
Classification: Because it was his second offense, Pennsylvania law classified it as a first-degree misdemeanor.
Potential Penalty: Under state law, this specific misdemeanor carried a maximum potential sentence of up to five years in prison.
Actual Penalty: Even though Williams was never actually sent to prison—instead receiving 90 days of house arrest and a fine—the 5-year maximum exceeded the 2-year federal threshold for misdemeanors, triggering a permanent firearm ban.
I have a friend that has 6 dwis. He cannot own a firearm for life. He told me if the governor would pardon him, he could then own a gun?
then lets lock up all criminals for past behavior……..should destroy the communist……..errr…..democratic party!