Texas federal judge holds gun ban for felony defendants unconstitutional

[In It to Win It]

https://www.yahoo.com/news/judge-holds-gun-ban-felony-011831417.html

PECOS, Texas (AP) — 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.”

Hence, he ruled the ban unconstitutional as the “Second Amendment is not a 'second class right,” as noted in a 2008 Supreme Court ruling. ”No longer can courts balance away a constitutional right," Counts wrote. After the New York case, "the Government must prove that laws regulating conduct covered by the Second Amendment’s plain text align with this Nation’s historical tradition. The Government does not meet that burden."

[PSPS]

1. This trump judge always comes through with the goods

[DURHAM D]

2. Judicial Insanity nt

[RockRaven]

3. Note that this ruling provides an additional incentive for prosecutors to seek, and judges to grant,

a denial of bail/pretrial release. "We can't even stop them from getting a gun to use in another crime" they will say, "so better lock em up until trial to ensure public safety."

[rubbersole]

4. Oh, what could possibly go wrong?

Before long, Texas will REQUIRE concealed carry. The NRA says to every official in Texas - "squeal like a pig..."

[dweller]

5. Tombstone sheriff

All citizens surrender their firearms upon entering the city limits …
Except for you fellas in the black hats …




✌🏻

[blm]

6. They want felons to be armed because they intend to have

A war in this country and they know the bad guys and criminal element will be on their side.

[yankee87]

7. Agree unfortunately

They really believe that.

[BlueLucy]

12. I agree with you. nt

[LuckyLib]

8. It's Texas, y'all.

It doesn’t need to make sense.

[LetMyPeopleVote]

9. Statement from Texas Democratic Party Chair Gilberto Hinojosa

Link to tweet

[LetMyPeopleVote]

10. Ruling that the Second Amendment protects an individual's right to purchase a semiautomatic firearm

Link to tweet

[MiniMe]

11. A constitutional right? Like Abortion??

Hypocrites