Appeals court says US citizen abroad should have full trial on challenge to gun ban
WASHINGTON – A federal appeals court says a U.S. citizen living in Canada should have a trial to challenge a federal law that bans people living outside the country from buying guns when they come back to visit.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 Tuesday that a lower court should not have upheld the law without giving Stephen Dearth a chance to fully present his case.
Dearth claims the ban is unconstitutional because it prohibits citizens who don’t reside in any state from buying firearms.
Judge A. Raymond Randolph said there are too many unanswered questions about Dearth’s residency status to resolve the case without a trial.
Judge Karen LeCraft Henderson dissented, saying she is ready to uphold the law.
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