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George Pitsilides v. William Barr

Court of Appeals for the Third Circuit · No. 21-3320 · 128 F.4th 203

Decided

⚖️Procedural — no merits ruling

Second Amendment claim vacated and remanded for factual development rather than decided; only the statutory carve-out argument was resolved.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

George Pitsilides, barred from firearm possession by 18 U.S.C. section 922(g)(1) because of 1998 Pennsylvania bookmaking and pool-selling convictions, sought a declaratory judgment that the ban is unconstitutional as applied to him. The Third Circuit rejected his statutory argument that those offenses fall within section 921(a)(20)(A)'s carve-out for antitrust and business-regulation crimes. On the constitutional claim, it held that the case had been litigated under a framework abrogated by Bruen and that the record was too undeveloped to determine whether Pitsilides poses the kind of danger that would justify continued disarmament, so it affirmed in part, vacated in part, and remanded for further discovery and factfinding.

Summarized from the court's opinion.

What this case is about

as-applied Second Amendment challenge to the federal prohibited-persons ban

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.