U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT: No Loss of Second Amendment Rights for Welfare Fraud, since there’s no history and tradition of stripping the right to arms for such nonviolent regulatory crimes. “After Bruen, we must first decide whether the text of the Second Amendment applies to a person and his proposed conduct. 142 S. Ct. at 2134–35. If it does, the government now bears the burden of proof: it ‘must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms. . . .’ To preclude Range from possessing firearms, the Government must show that § 922(g)(1), as applied to him, ‘is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.'”

The concurrance by Judge Porter is interesting, too, where he points to Congress’s lack of any constitutional power to regulate gun ownership. “Until well into the twentieth century, it was settled that Congress lacked the power to abridge anyone’s right to keep and bear arms. The right declared in the Second Amendment was important, but cumulative. The people’s first line of defense was the reservation of a power from the national government. . . . Even without the Second Amendment, the combination. of enumerated powers and the Ninth and Tenth Amendments. ensured that Congress could not permanently disarm anyone.”