Texas federal judge holds gun ban for felony defendants unconstitutional [View all]

[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."