Lisa Folajtar pled guilty in 2011 to federal tax fraud, a felony, which is punishable by up to three years in federal prison and a fine of up to $100,000. She was sentenced to three years' probation, fined $10,000, and pay the IRS $250,000 in back taxes, interest, and penalties.
Federal law prohibits all felons—including one who made "a materially false statement on her tax returns"— from possessing guns. A Second Amendment violation? A divided panel of the U.S. Court of Appeals for the Third Circuit: No, because the Second Amendment only protects "virtuous citizens," all felons are properly prohibited. Dissent: Not so. The Second Amendment protects all but "dangerous" citizens. Lisa Folajtar "is not dangerous. Neither the majority nor the Government suggest otherwise. Because she poses no danger to anyone," the dissent concluded, she should not permanently lose one of her constitutional rights.
The dissent echoed then-Judge Barrett's dissent in Kanter v. Barr, a recent case from Seventh Circuit in which she argued in her 37-page dissent that disqualification of non-dangerous felons is unconstitutional.