Texas Judge: Law Barring Gun Purchases by Persons Under Felony Indictment Unconstitutional

5 days ago

U.S. District Judge David Counts, a Donald Trump appointee, ruled Monday laws barring radical with felony indictments from purchasing guns bash not quadrate with the Constitution.

The case successful question centers on Jose Gomez Quiroz, the Defendant, who was indicted June 9, 2020, successful a Texas tribunal for a second-degree felony (burglary). In mid-2021 helium failed to look for a hearing, receiving a third-degree felony for “jumping bail/failing to appear.” He was capable to prime up his weapon connected December 30, 2021, past the FBI’s National Instant Criminal Background Check System contacted the ATF to fto them cognize astir the felony indictments.

The Defendant was charged with 2 counts successful March 2022: “(Count 1) making a mendacious connection during the acquisition of a firearm nether 18 U.S.C. § 922(a)(6), and (Count 2) the amerciable receipt of a firearm by a idiosyncratic nether indictment nether 18 U.S.C. § 922(n).”

Within a week, the Defendant asked for the ruling to beryllium acceptable speech and “for this Court to reconsider his erstwhile question to disregard due to the fact that of the United States Supreme Court’s caller ruling successful Bruen.”

In taking up the case, Counts noted, “Defendant’s question hinges connected the constitutionality of § 922(n) due to the fact that if the proviso is unconstitutional, past Defendant’s mendacious connection during the acquisition of the firearm is immaterial.”

Counts heard the lawsuit and pointed to the Supreme Court of the United States’ June 23, 2022, NYSRPA v. Bruen ruling, noting successful a post-Bruen satellite it is not wide “whether a statute preventing a idiosyncratic nether indictment from receiving a firearm aligns with this Nation’s humanities contented of firearm regulation.”

He noted: “This Nation does person a humanities contented of excluding circumstantial groups from the rights and powers reserved to ‘the people’ successful those contexts. But dissimilar the humanities contented of excluding felons oregon convulsive actors from the rights of ‘the people,’ small grounds supports excluding those nether indictment successful immoderate context.”

Counts painted with a wide brush, going truthful acold arsenic to admit that “the constitutionality of firearm regulations successful a post-Bruen world” is unknown.

Counts wrote, “The Second Amendment is not a ‘second people right.’ No longer tin courts equilibrium distant a law right. After Bruen, the Government indispensable beryllium that laws regulating behaviour covered by the Second Amendment’s plain substance align with this Nation’s humanities tradition. The Government does not conscionable that burden.”

The lawsuit is U.S.A. v. Quiroz, No. 4:22-cr-00104, successful the United States District Court for the Western District of Texas Pecos Division.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa play newsletter focused on all things Second Amendment, besides for Breitbart News. He is the governmental expert for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD successful Military History with a absorption connected the Vietnam War (brown h2o navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him connected Instagram: @awr_hawkins. You tin motion up to get Down Range at breitbart.com/downrange. Reach him straight at [email protected].

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