The Rising Threat to Gun Rights: A Deep Dive into the Fourth Circuit Decision

The recent decision by the Fourth Circuit Court of Appeals to uphold the federal gun ban for those convicted of misdemeanor domestic violence charges has once again stoked the flames of the gun rights debate in America. As patriots and defenders of the Constitution, we at Fortress Firearms Training find it critical to examine this ruling and its broader implications for Second Amendment rights nationwide.

What the Ruling Means

The Fourth Circuit’s 2-1 decision supports the 1996 federal law that prohibits individuals convicted of misdemeanor domestic violence from owning firearms. This case arose after federal charges were brought against a Virginia man, Thomas Harper, who was accused of violating this law despite his argument that it conflicted with the Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen.

Under Bruen, the government must show that firearm restrictions align with the nation’s historical traditions of gun regulation. Despite this precedent, the Fourth Circuit asserted that disarming those with a proven “violent” past is consistent with historical practice, even if they were only convicted of a misdemeanor.

Why This Sets a Dangerous Precedent

To many supporters of the Second Amendment, this decision is nothing short of a slippery slope. Here’s why:

• Misdemeanors vs. Felonies: The Constitution does allow some firearms restrictions for convicted felons, but expanding this to misdemeanors—many of which can be ambiguous or misapplied—sets a precedent for further erosion of rights.
• Lack of Due Process: These bans can be triggered by low-level convictions and do not always provide sufficient due process for the accused to defend their rights.
• No Historical Equivalent: The historical tradition often cited in gun control arguments typically addressed felonies or more severe threats to public safety—not misdemeanor conduct with such broad definitions.

This decision upholds what many constitutional purists would argue is a fundamentally flawed interpretation of the Second Amendment. What’s next? Is any emotional dispute going to trigger a lifetime ban on gun ownership?

The Real-world Impacts on Law-abiding Citizens

At Fortress Firearms Training, we work with responsible citizens daily—men and women who take firearm ownership seriously and engage in extensive training to ensure that firearms are used appropriately and safely. This ruling isn’t just a courtroom debate—it has real-world implications for everyday Americans.

The danger here is how subjective “domestic violence” misdemeanors can be. Some jurisdictions define such charges so broadly that they could include loud arguments, verbal disputes, or even minor altercations that don’t involve actual physical harm. Under this new application, individuals could permanently lose their Second Amendment rights over incidents that wouldn’t even qualify as crimes in other areas.

How This Affects Lawful Gun Owners

The fallout from this ruling could directly affect:

• Veterans who find themselves navigating civil domestic disputes
• Hunters and competitive shooters falsely accused in the heat of a contentious relationship
• Everyday Americans who may plead to a charge simply to avoid a costly legal battle—without fully understanding the long-term consequences

We must ask ourselves: Is it just to remove a foundational constitutional right over a misdemeanor, without strong historical precedent?

Ignoring the Bruen Standard

One of the most troubling aspects of the decision is how it appears to brush aside the Bruen standard. That case underscored the importance of historical analogs when restricting firearm rights. And yet this ruling relies on a vague assumption that colonial laws vague enough to be interpreted loosely somehow justify modern bans on gun ownership for all misdemeanor domestic violence convictions. That is not constitutional originalism—that’s judicial activism.

The court suggests that since people labeled “dangerous” were historically disarmed, a similar precedent applies here. But let’s be clear—Iit’s one thing to remove rights from individuals convicted of a felony or proven to be violent and dangerous beyond reasonable doubt. It’s quite another to apply a blanket federal ban to all those with minor misdemeanor convictions, regardless of context or behavior since the incident.

A Disturbing Trend in Gun Control Legislation

This ruling fits into a broader pattern we’ve observed in recent years. From red flag laws to magazine capacity limits, gun owners are being treated as guilty until proven innocent. The burden no longer falls on the state to prove that a person presents an imminent danger. Instead, increasingly vague and overreaching laws are being passed and upheld without any real regard for constitutional values.

Here in South Carolina and around the country, we must remain vigilant. Our gun rights are not given to us by government—they are recognized in the Constitution as inalienable.

How Responsible Training Strengthens Second Amendment Rights

At Fortress Firearms Training, we believe that education and training are key to preserving our rights. The more law-abiding gun owners understand the safe, legal use of their firearms, the harder it becomes for misguided judges and legislators to stereotype our community as dangerous or irresponsible. That’s why we emphasize:

• Situational awareness and de-escalation tactics
• Legal education to ensure every student understands their rights and responsibilities
• Practical firearms skills for home defense and concealed carry scenarios

The Second Amendment is not just about hunting or sport—it’s about maintaining the means to defend ourselves, our families, and our freedoms. Every responsible gun owner plays a part in protecting that right.

Conclusion: A Call to Action

The Fourth Circuit’s decision to uphold a gun ban for domestic violence misdemeanors may seem narrow, but it sets a precedent we cannot ignore. By eroding rights on the basis of minor and often ambiguous charges, we open the floodgates for further attacks on gun ownership. It’s time to stand strong, speak out, and demand that both our courts and lawmakers show due respect for the Constitution.

Whether you’re a new gun owner or a seasoned enthusiast, there’s never been a more critical moment to invest in your education and training. Knowledge is power—and in today’s legal climate, it’s also protection. Stand for your rights. Train with integrity. And never let your voice be silenced.

Visit Fortress Firearms Training to learn more about how you can protect and preserve your Second Amendment rights through expert instruction and community advocacy.