“Those under indictment can still vote,” he noted. “The right of the people doesn’t protect violent actors or criminals. But that is not the case for those merely under indictment. Indeed, excluding those under indictment from the right of the people to keep and bear arms would operate much like prior restraints in the First Amendment concept.”
Those charged with a felony by a grand jury may not be deprived of their Second Amendment rights before conviction, a federal judge has ruled.
Judge David Counts of the District of Western Texas ruled Monday that a provision in the Federal Firearms Act barring those under felony indictment from obtaining a firearm is not in line with the nation’s historical tradition of firearm regulation. He also dismissed an indictment against Jose Gomez Quiroz, a Texas man charged under the ban.
“Although not exhaustive, the Court’s historical survey finds little evidence that § 922(n)—which prohibits those under felony indictment from obtaining a firearm—aligns with this Nation’s historical tradition,” Judge Counts, an Obama appointee who was reappointed and confirmed under Trump, wrote in his opinion. “As a result, this Court holds that § 922(n) is unconstitutional.”
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By Jake Fogleman