Posted 4 days ago
A U. S. law banning those under felony indictments from buying guns is unconstitutional, a federal judge in West Texas ruled Monday.
U. S. District Judge David Counts, whom then-President Donald Trump appointed to the federal bench, dismissed a federal indictment against Jose Gomez Quiroz that had charged him under the federal ban.
According to Counts’ ruling, Quiroz was under a state burglary indictment when he tried to buy a .22-caliber semiautomatic handgun and challenged the ensuing federal charge.
In a 25-page opinion filed in Pecos, Texas, Counts acknowledged "this case’s real-world consequences — certainly valid public policy and safety concerns exist." However, he said a Supreme Court ruling this summer in a challenge brought by the New York Rifle & Pistol Association "framed those concerns solely as a historical analysis."
"Although not exhaustive, the Court’s historical survey finds little evidence that ... (the federal ban) — which prohibits those under felony indictment from obtaining a firearm — aligns with this Nation’s historical tradition."... (Read more)