Thanks to a 2005 DUI conviction in Pennsylvania, Edward Williams permanently lost the constitutional right to keep and bear arms. But he did not realize that until a decade later, and his confusion on that point is understandable.
The federal law that stripped Williams of his Second Amendment rights is commonly described as applying to "felons," and Williams' offense was a misdemeanor. But although his sentence did not include any time behind bars, his crime theoretically could have sent him to prison for up to five years. That was enough to trigger 18 USC 922(g)(1), which covers anyone convicted of "a crime punishable by imprisonment for a term exceeding one year."
When a lawyer alerted Williams to that wrinkle, which made his continued ownership of firearms a federal felony, he got rid of his guns. But he did not think that requirement was fair, reasonable, or constitutional, and this week a federal appeals court agreed. The U.S. Court of Appeals for the 3rd Circuit recognized a historical tradition of disarming "physically dangerous individuals" whose possession of firearms would pose a threat to public safety. But it said Williams plainly does not fit into that category.
"The federal government spent nearly a decade trying to permanently disarm a peaceable man over a nonviolent misdemeanor—and it lost bigly," says Brandon Combs, president of the Firearms Policy Coalition, which supported Williams' lawsuit. "The government does not get to turn a nonviolent conviction into a lifetime ban on exercising a constitutionally protected right."
The 3rd Circuit's en banc decision in Williams v. Attorney General affirms a 2023 ruling by a federal judge who likewise concluded that disarming Williams was unconstitutional. It elaborates on the logic of Range v. Attorney General, a 2023 decision that restored the gun rights of a Pennsylvania man who had been convicted of food stamp fraud. In both cases, the 3rd Circuit held that applying Section 922(g)(1) to the plaintiffs was not "consistent with this Nation's historical tradition of firearm regulation"—the Second Amendment test established by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen.
Writing for the majority in Williams' case, 3rd Circuit Judge Paul Matey acknowledges that the Supreme Court has described "longstanding prohibitions on the possession of firearms by felons" as "presumptively lawful." But "those longstanding customs restricted the violently dangerous (within which some felons would be included), not felons writ large," he says. "Felons were restricted because they posed a physical danger, rather than for their offense of conviction."
Matey argues that "focusing on physical dangerousness corrects the erroneous argument" that "only law-abiding and responsible citizens can exercise the rights protected by the Second Amendment"—a claim that the Supreme Court rejected in the 2024 case United States v. Rahimi. "We find no history that supports disarming irresponsible people, where 'responsible' is defined by the whim of the sovereign or the will of the majority," he says, alluding to the danger of allowing legislators to whittle away at the Second Amendment by criminalizing an ever-widening range of conduct.
Matey emphasizes "the novelty of forever restricting all felons from possessing firearms for lawful purposes." The original restriction, which Congress approved in 1938 as part of the Federal Firearms Act, applied only to violent crimes such as murder, manslaughter, rape, kidnapping, robbery, and assault with a deadly weapon. In 1961, Congress expanded the ban to cover nonviolent crimes punishable by more than a year in prison.
Williams' 2005 DUI conviction qualified for two reasons. He had a prior DUI conviction, stemming from a 2000 arrest in State College. And when he was arrested again in Philadelphia four years later, his blood alcohol concentration was a whopping 0.223 percent. That made his second offense a first-degree misdemeanor, which carries a maximum prison sentence of five years.
Since then, Williams has stayed out of trouble. "He has done nothing violent, let alone dangerous, for over twenty years, and has held steady employment at the same job for over three decades," Matey notes. Williams drinks only occasionally, and a psychological evaluation found he "has a normal personality, without psychopathology and without addiction or violent tendencies."
The Justice Department nevertheless argued that Williams' continuing disarmament is consistent with the Bruen test, which requires historical analogs that are "relevantly similar" in motivation and scope. In making that case, the government relied mainly on early laws aimed at "habitual drunkards"—the same analogy that the Supreme Court unanimously rejected last June in United States v. Hemani, which involved the federal ban on gun possession by "unlawful" drug users.
Although the Justice Department "acknowledges it may proscribe Williams's possession of firearms only if he 'presently poses a physical danger if armed,'" Matey says, it "offers no evidence to establish this as the aim of the habitual drunkard laws." Those laws, the Supreme Court noted in Hemani, "did not seek to protect the public from violence so much as to protect habitual drunkards from themselves and their families from financial devastation."
Nor did the habitual drunkard laws permanently disarm people, as Section 922(g)(1) does. "Most statutes capped the commitment of habitual drunkards to the state inebriate asylum, prison, or hard labor to a few months or years," Matey notes. "Others provided for an indefinite period of incarceration, but had no indication that upon release individuals continued to forfeit their arms. Rather, once someone was 'safe' to 'go at large,' they were restored to the status of a full rights-bearing citizen."
Contrary to the considerations that the Supreme Court deemed relevant in Hemani, Matey says, the Justice Department "fails to show that Williams threatens to 'misuse[] a gun while intoxicated,' or that he 'poses a danger to himself or others as a result' of
alcohol abuse. In fact, much like those nineteenth-century drunkards released from custody and restored their rights, the record shows that Williams poses no present physical danger from the use of a firearm, or anything else."
The 3rd Circuit is one of three federal appeals courts that have allowed people with nonviolent felony records to argue that Section 922(g)(1) is unconstitutional as applied to them. But such challenges have been blocked in six circuits, notwithstanding compelling historical evidence that the law reaches much farther than the Second Amendment allows. So far, the Supreme Court has declined to accept any of the many petitions asking it to resolve that circuit split.
The post The 3rd Circuit Upholds the Gun Rights of a Man Who Committed a Nonviolent Misdemeanor 2 Decades Ago appeared first on Reason Magazine.
The European Commission has proposed delaying key methane emissions requirements for imported oil, gas and coal by one year, acknowledging that the present energy crisis could make the original timetable difficult to enforce without threatening Europe’s fuel supplies.
The legislative proposal presented on 14th October would postpone obligations requiring importers to demonstrate that their overseas suppliers meet monitoring, reporting and verification standards equivalent to those imposed on European producers.
The requirements were scheduled to take effect on 1st January 2027. Under the revised arrangements, compliance would begin in 2028, with the first annual demonstrations to national authorities due by 31st May 2029.
The decision follows months of pressure from European governments, American energy companies and importers concerned that the regulation could complicate contracts and restrict access to alternative supplies during a period of exceptional international disruption.
The Commission’s explanatory memorandum places the decision directly within the consequences of the Middle East conflict, which has disrupted trade through the Strait of Hormuz since February.
According to the Commission, approximately 20 per cent of global liquefied natural gas supplies and 25 per cent of seaborne oil trade have been affected. Alternative producers have only partially compensated for the interruption, leaving European buyers competing for increasingly expensive supplies.
Brussels acknowledges that the disruption is likely to continue affecting energy markets after the immediate crisis subsides, partly because damaged infrastructure will require time to repair and restart.
Under these circumstances, importers have warned that they may be unable to obtain sufficient fuel meeting the original compliance requirements by January.
The Commission’s formal amendment to Regulation 2024/1787 responds to these concerns by extending deadlines rather than cancelling the legislation.
The development follows wider discussions about Europe’s energy costs. As EU Today reported during the Brussels summit, high energy prices have become a central concern for governments attempting to protect European industrial competitiveness.
The United States has been particularly concerned about the effect of the methane rules on transatlantic energy trade.
American producers have become increasingly important suppliers of liquefied natural gas to Europe since Russia’s full-scale invasion of Ukraine in 2022 accelerated the diversification of European energy imports.
According to the reporting on the Commission’s decision, American companies, including ExxonMobil, have raised objections to the requirements, while Washington has pressed Brussels to provide additional flexibility.
French President Emmanuel Macron has also expressed concern about the legal risks facing importers attempting to demonstrate compliance across complicated international supply chains.
The problem involves obtaining reliable emissions measurements from production facilities that may be located thousands of miles from Europe and operate under different regulatory systems.
European importers must then establish whether the information satisfies EU standards, even when the companies operating those facilities are not themselves subject to European jurisdiction.
For suppliers with several production sites, transport arrangements and intermediary contracts, collecting consistent and independently verified information can be a substantial undertaking.
The Commission insists that the postponement does not represent an abandonment of its methane reduction objectives.
The original EU methane regulation entered into force in August 2024. It introduced requirements covering methane measurement, leak detection, reporting and restrictions on routine venting and flaring.
Methane is a powerful greenhouse gas, and emissions from oil and gas operations can arise through equipment leaks, deliberate releases and incomplete combustion.
The International Energy Agency estimates that more than 350 billion cubic metres of gas were lost globally through flaring, venting and leakage in 2024. Reducing those losses could increase the quantity of gas available for commercial use.
The Commission is therefore attempting to preserve its environmental objectives while allowing additional time for verification systems and national enforcement arrangements to become operational.
The proposal also postpones methane-intensity reporting obligations for EU producers and importers from August 2028 to August 2029. Requirements to demonstrate compliance with maximum methane-intensity values would move from August 2030 to August 2031.
Existing obligations to provide information about overseas emissions, in force since May 2025, would remain unaffected.
The proposed changes require approval from the European Parliament and the Council under the ordinary legislative procedure.
That process could expose differences between governments seeking greater flexibility and lawmakers concerned about weakening the timetable for reducing fossil-fuel emissions.
Industry representatives have sought longer extensions, while environmental organisations argue that delaying methane reductions will not resolve the structural causes of Europe’s energy problems.
Brussels is also confronting the consequences of its decision to phase out Russian gas imports. As EU Today’s examination of the Nord Stream 2 legal challenge explained, the Union’s efforts to eliminate dependence on Moscow have already generated disputes over energy security and European regulatory authority.
The Commission now faces two competing requirements: maintaining a common environmental standard for imported fossil fuels while ensuring that suppliers remain willing and able to serve the European market.
Whether the proposed one-year extension proves sufficient will depend on the recovery of international energy supplies and the ability of producers, importers and national authorities to establish reliable verification arrangements before the revised deadlines.
The European Union’s General Court has rejected a legal challenge to the European Commission’s classification of adult entertainment platform Stripchat under the Digital Services Act, strengthening Brussels’ authority to determine which online services must comply with the legislation’s most demanding obligations.
In its judgment delivered on 14th October, the Luxembourg-based court dismissed the action brought by Technius Ltd, the company operating Stripchat, against its designation as a very large online platform.
The dispute centred on how the Commission calculated the platform’s average monthly active users in the European Union, which determines whether additional regulatory obligations apply.
Under the Digital Services Act, platforms exceeding 45 million monthly active recipients in the EU are subject to enhanced supervision, including requirements concerning systemic risks, transparency, content moderation and independent auditing.
The judgment addresses a fundamental question for European digital regulation: whether companies can exclude particular categories of website visits when calculating the number of people using their services.
In February 2023, Technius reported that Stripchat had approximately 31.8 million average monthly active recipients in the EU, placing it below the threshold for very large online platforms.
The company relied on information provided by Similarweb, a commercial service measuring website traffic and user behaviour.
However, the Commission questioned the methodology used to reach that figure. Technius had discounted certain visits on the grounds that users entered the website but departed without engaging with its content.
Such visits are commonly described as bounced visits and frequently appear in commercial website analytics.
The Commission concluded that the company’s deductions had significantly underestimated its audience because the original Similarweb calculation of unique visitors already incorporated a filtering process excluding many bounced visits.
On that basis, Brussels calculated that Stripchat had more than 62 million monthly unique visitors in the EU, well above the statutory threshold.
The Commission consequently designated the platform as a very large online service on 20th December 2023. Technius challenged the decision, arguing that the figures were unreliable and that the absence of a prescribed calculation methodology undermined legal certainty.
The EU General Court rejected both arguments.
According to the court’s official explanation, the Commission had adequately explained its calculation and was entitled to rely on the data available when the designation decision was adopted.
The judges found that Technius had effectively applied deductions to figures from which relevant traffic had already been filtered, producing an artificially reduced estimate of active recipients.
The judgment also addressed a potentially significant complication.
After the Commission adopted its decision, Similarweb revised its methodology. Using the corrected method, Stripchat’s estimated monthly active audience for the relevant period was approximately 37.3 million.
That figure was below the threshold for classification as a very large online platform. Nevertheless, the court held that the subsequent correction did not invalidate the original designation.
The judges determined that the Commission’s decision had to be assessed according to the facts, applicable law and permissible evidence available when the decision was taken.
The ruling therefore does not establish that Stripchat currently exceeds 45 million monthly users. It confirms that the later recalculation was insufficient to annul the Commission’s December 2023 decision.
The consequences extend beyond one adult entertainment website.
The Digital Services Act covers online intermediaries operating in the European market, including social networks, marketplaces, hosting services and other platforms.
Its obligations increase according to the size and nature of a company’s operations. Very large online platforms must assess systemic risks associated with their services, introduce appropriate mitigation measures and submit to independent audits.
The Commission is responsible for supervising their additional obligations and can impose substantial financial penalties for established infringements.
The distinction between the two categories can therefore have considerable financial and operational consequences.
Companies falling below the 45 million threshold remain subject to relevant DSA obligations but do not face the same additional requirements imposed on the largest platforms.
The General Court’s ruling confirms that companies cannot escape designation by applying an unreliable interpretation of website traffic data.
At the same time, the Commission’s published supervisory framework allows a designation to be revoked when a platform remains below the threshold for a full year.
The judgment comes as the Commission faces multiple legal challenges to its enforcement of Europe’s digital legislation.
As EU Today previously reported, Washington has sought to intervene in proceedings concerning the Commission’s €120 million Digital Services Act fine against X, introducing an additional diplomatic dimension to European regulatory disputes.
The Commission is also pursuing separate investigations into whether major platforms comply with obligations concerning the protection of minors, advertising transparency and the management of illegal content.
In another case examined by EU Today, Brussels reached preliminary findings concerning TikTok’s default privacy settings for children, illustrating the practical consequences of the stricter duties imposed on very large online platforms.
The Stripchat judgment concerns designation rather than a finding that the company breached any substantive safety obligation. Its immediate consequence is to preserve the Commission’s original classification decision.
Technius may still appeal to the Court of Justice of the European Union on points of law within two months and ten days of notification of the judgment.
For European regulators, the decision provides judicial support for using established commercial analytics when assessing the reach of online platforms, provided that the methodology is adequately explained and the underlying evidence is reliable.
For technology companies, it confirms that the legal assessment of user numbers extends beyond the figures they choose to report to Brussels. The Commission can scrutinise those calculations and reject methods that fail to provide a reliable estimate of an online service’s European audience.
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