Tag: 10th Circuit Court of Appeals

Appeals Court Rules Firearm Bans for Non-Violent Felons Are Constitutional

Michigan Star Staff

The 10th Circuit Court of Appeals ruled Friday that federal bans on convicted felons owning firearms are still constitutional despite a recent Supreme Court decision.

Melynda Vincent, who brought the case to court, is currently banned from possessing a gun because she was charged with fraud after writing a fake check at a grocery store in 2008, according to the ruling. The 10th Circuit Court ruled that although the Supreme Court had released a new decision on gun rights, Vincent still does not have the legal right to own a gun.

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Federal Court Strikes Down Law Against Openly Encouraging People to Come into the U.S. Illegally

Michigan Star Staff
Temporary processing facilities in Donna, Texas, safely processes family units and unaccompanied alien children (UACs) encountered and in the custody of the U.S. Border Patrol March 17, 2021. The facility will bolster processing capacity in the RGV while the permanent Centralized Processing Center in McAllen is renovated. CBP Photo by Jaime Rodriguez Sr.

A U.S. federal appeals court ruled Wednesday that a federal law banning the encouragement of non-U.S. citizens to enter or reside in the country illegally is unconstitutional because it penalizes freedom of speech.

In a 2-1 decision, The 10th Circuit Court of Appeals ruled that the law criminalizes “vast amounts of protected speech” like informing non-citizens about social programs or telling family members to stay in the country even if their visa expires. Although the law is part of a broader statute barring human smuggling, Circuit Judge Nancy Moritz wrote that the law likely bans commonplace statements that are repeated across the nation countless times each day.

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