“In the United States, people are considered innocent until proven guilty. If a mere indictment can eliminate the ability to exercise an enumerated constitutional right before there is any conviction, that standard is set on its head.”
U.S.A. –-(AmmoLand.com)-– On September 19, 2022, the District Court, W.D. Texas, found the ban on individuals under indictment from receiving firearms in federal law, (§ 922(n)) to be unconstitutional under the standards clarified by the Bruen Decision of 2022.
In the United States, people are considered innocent until proven guilty. If a mere indictment can eliminate the ability to exercise an enumerated constitutional right before there is any conviction, that standard is set on its head.
Courts loaded with Progressive Judges previously danced around this obvious barrier by promoting the fiction the Second Amendment did not apply to individuals. The 1943 Cases decision is discussed in a previous article.
By Dean Weingarten