Texas Judge Rules U.S. Can’t Stop People With Felony Indictments From Buying Guns
U.S. District Judge David Counts found that prohibiting a man from receiving the gun while under indictment amounted to a form of prior restraint that violated the Second Amendment.
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Texas U.S. District Judge David Counts has ruled that a federal law barring people under felony indictment from purchasing guns is unconstitutional, reports the Washington Post. Counts argued that the law’s prohibitions clashed with the high court’s June decision in New York State Rifle & Pistol Association v. Bruen, which found that law-abiding Americans have a right to carry a handgun outside the home for self-defense.
The case arose from the indictment of Jose Gomez Quiroz of West Texas, who bought a .22-caliber semiautomatic handgun in 2021 while facing state charges of burglary and jumping bail. Quiroz denied at the time of sale and background check that he was under indictment and, after a week, picked up the weapon from a retailer. Counts said the Supreme Court’s ruling had “changed the legal landscape” on firearm restrictions. He found that prohibiting Quiroz from receiving the gun while under indictment amounted to a form of prior restraint that violated the Second Amendment.
