A federal law prohibiting people under felony indictment from buying firearms is unconstitutional, a federal judge in Texas has concluded, citing a U.S. Supreme Court ruling that significantly expanded gun rights.
U.S. District Judge David Counts, an appointee of Republican former President Donald Trump, reached that conclusion on Monday in dismissing a federal indictment against Jose Gomez Quiroz, who had been charged under the decades-old ban.
"The Second Amendment is not a 'second class right,'" Counts wrote. "No longer can courts balance away a constitutional right." Quiroz had been indicted in a Texas state court for burglary and later for bail jumping when he attempted in late 2021 to buy a 22-caliber semiautomatic handgun, leading to his federal indictment.
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