The U.S. Department of Justice quietly allowed the deadline to expire to seek Supreme Court review of the landmark Third Circuit en banc decision in Range v. Attorney General, a case that has massive implications for nonviolent felons seeking to restore their Second Amendment rights.
Background: What Was the Range Case About?
Bryan Range was convicted in 1995 of a nonviolent welfare fraud offense — a misdemeanor under Pennsylvania law, but punishable by more than one year, meaning it triggered the federal firearms ban under 18 U.S.C. § 922(g)(1). Range had lived an entirely law-abiding life for nearly three decades since that conviction. He sued, arguing that permanently banning him from firearm ownership violated the Second Amendment under the Supreme Court’s 2022 Bruen test.
The Third Circuit’s Holding
In a rare 11–4 en banc decision, the Third Circuit agreed with Range, holding that the government failed to show any historical tradition of disarming people like him — nonviolent, non-dangerous offenders. The decision was careful to say it was “narrow,” but its reasoning represented a major break from the government’s broad view of felon disarmament.
DOJ Lets the Clock Run Out
The DOJ had 90 days to petition the Supreme Court to review the ruling — and it did nothing. The deadline passed. That means the decision is now final law in the Third Circuit (covering Pennsylvania, New Jersey, Delaware, and the Virgin Islands).
Why This Is a Big Deal
First major appellate ruling post-Bruen restoring a felon’s gun rights.
Signals that the Biden DOJ may be strategically avoiding a fast-track Supreme Court showdown — possibly fearing a nationwide ruling.
Opens the door for nonviolent felons to file similar challenges, especially in circuits that have not yet ruled post-Bruen.
What Happens Next?
Attorneys across the country will now use Range as a constitutional blueprint. Courts may begin to create a split over how “dangerousness” should be defined. If multiple circuits disagree, the Supreme Court will almost certainly have to step in.
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By taking no action, the DOJ may have just unleashed the most significant Second Amendment litigation wave since Heller and Bruen. The fight has only begun — but for nonviolent, long-rehabilitated individuals, Range is a very real and immediate path to gun rights restoration.