A federal law barring people under felony indictment from purchasing guns is unconstitutional, a federal judge in Texas ruled Monday in an early test of a watershed decision by the U.S. Supreme Court expanding firearm access.
, in which a 6-3 conservative majority ruled that law-abiding Americans have a right to carry a handgun outside the home for self-defense.
The judge said he found little historical evidence that the law barring those under felony indictment from obtaining a firearm “aligns with this Nation’s historical tradition.”, 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.”The Justice Department said it intended to appeal the case to the U.S. Court of Appeals for the Fifth Circuit.
According to the ruling, Quiroz denied at the time of sale and background check that he was under indictment. After waiting a week, he picked up the weapon from a retailer in Alpine, Tex.Soon after, the National Instant Criminal Background Check System alerted authorities that the purchase was illegal.
After a jury convicted him on both counts, Quiroz asked the court to reconsider his case in light of the Supreme Court’s ruling inThe government’s attorneys contended that prosecutors were permitted to impose a range of restrictions on indicted defendants, including detention and pretrial release conditions.
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