329 A.3d 449
Pa. Super. Ct.2024Background
- Rayquan A. Farmer was convicted of unlawful possession of a firearm under 18 Pa.C.S.A. § 6105 after police found a gun in his residence; Farmer had a prior robbery conviction involving use of a firearm.
- Farmer was sentenced to five to ten years incarceration and appealed, arguing the statute violated his Second Amendment rights as interpreted by recent U.S. Supreme Court precedent including NYSRPA v. Bruen.
- The main issue on appeal was the constitutionality of § 6105 as applied to Farmer, specifically in light of his status as a convicted felon.
- Pennsylvania courts had a full hearing and briefing, focusing on federal constitutional questions under the Second Amendment.
- The Superior Court applied recent Supreme Court precedent, including the two-step Bruen analysis: whether the Second Amendment covered Farmer’s conduct and, if so, whether the restriction was consistent with historical tradition.
Issues
| Issue | Farmer's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Does § 6105 violate the Second Amendment as-applied? | Excluding felons like Farmer from "the people" protected by the Second Amendment is inconsistent with Heller and Bruen. | Heller Exemptions show felons lack Second Amendment rights. | Statute covers "the people" (including felons), but such restrictions are justified if consistent with historical tradition. |
| Is Farmer included in "the people" protected by the Second Amendment? | Heller defines "the people" broadly to include all Americans, including felons. | Only “law-abiding, responsible citizens” are included per Heller dicta. | Felons are not categorically excluded; "the people" includes such individuals. |
| Is § 6105 consistent with U.S. historical tradition of firearm regulation for felons? | No, the statute is not justified by historical analogues. | Historical laws disarmed dangerous or violent persons, so the statute is justified. | Disarming violent felons is consonant with historical tradition ("going armed" laws, sureties, etc.), so § 6105 is constitutional as-applied to Farmer. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (established individual Second Amendment rights, but noted “longstanding prohibitions” on firearm possession by felons are presumptively valid)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporated Second Amendment protections against the states)
- New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022) (set modified two-step framework for Second Amendment challenges, centering on historical tradition)
- United States v. Rahimi, 602 U.S. 680 (2024) (upheld firearms restrictions for those posing a threat, and analyzed historical analogues for gun regulation)