Texas judge rules that persons charged with a felony have the right to purchase Second Amendment guns

A judge appointed by former President Donald Trump based his decision on a June ruling by the US Supreme Court overturning New York’s concealed carry law.

(The Texas Tribune) It is no longer constitutional to ban people charged with felonies from buying guns, a Texas federal judge ruled Monday.

U.S. District Judge David Counts, appointed to the western federal district of Texas by former President Donald Trump, said it was a milestone June judgment of the US Supreme Court voids federal law prohibiting defendants from obtaining a gun. It was initially unclear whether the verdict would be appealed.

This summer, the High Court ruling in the New York State Rifle & Pistol Association vs. Bruen case, authored by Judge Clarence Thomas, overturned the state’s concealed carry statute and ruled that future courts should uphold gun restrictions only if it there is a tradition of this in US history. Grafen said he found no such story to limit access to guns for those charged but not convicted of crimes, although he acknowledged his search was “not exhaustive”.

In the same ruling, both counts dropped an indictment of acquiring a firearm during the arraignment, noting that it was not known “whether a statute preventing an accused person from obtaining a firearm compares with this nation’s historical tradition of firearms regulation.” agrees”. Also unknown, he said, is “the constitutionality of firearms regulations in a post-Bruen world.”

“This court does not know the answers; it just has to try to follow Bruen’s framework faithfully,” he said.

In a previous filing, the US Attorney’s Office said that the statute prohibiting persons charged with a felony from acquiring guns does not conflict with the Second Amendment “because it prohibits those charged with a felony who already had guns.” , not disarmed and not prohibited from possession or public carrying”.

“The Second Amendment has always allowed laws restricting the gun rights of groups that lawmakers consider a risk to public safety, including those charged with misconduct but not convicted,” prosecutors wrote.

The Texas case arose out of the conviction of a man who bought a gun while indicted and, according to the Counts verdict, lied about it during his background check. Last year, while facing charges of burglary and missing a court date, Jose Gomez Quiroz tried to buy a semi-automatic pistol at an Alpine store. He denied on his background check form that he was charged and after a seven-day wait for approval, picked up his new gun.

Days later, the federal system warned that the purchase was illegal. He was sentenced on the same day of the Supreme Court verdict. He appealed almost immediately, claiming the New York verdict invalidated the law he broke. Counts agreed.

“The Second Amendment is not a ‘second-class right,'” he said. “Courts can no longer weigh a constitutional right.”

Nicole Golden, executive director of Texas Gun Sense, said there have long been “reasonable limitations” on the Second Amendment right to bear arms.

“Support for sensible gun laws has been really high, especially this summer after Uvalde,” Golden said. “This feels very much against what I think the public expects when it comes to how we approach our public safety.”

This article originally appeared in The Texas Tribune.

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https://www.kvue.com/article/news/local/texas/second-amendment-texas-case-buy-guns-felony-indictment/269-4143c026-c27d-4ef3-820b-ba7c2fd0b598 Texas judge rules that persons charged with a felony have the right to purchase Second Amendment guns

Laura Coffey

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