Texas Judge Decides Those under Felony Indictment can Buy Guns

Larry Lease

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It is no longer constitutional to ban people under felony indictment from buying guns, a federal judge in Texas ruled Monday.Heather Mount/Unsplash

A federal judge in Texas has ruled that it is no longer constitutional to ban people under felony indictment from buying guns. The Texas Tribune reports that U.S. District Judge David Counts found that a landmark Supreme Court ruling invalidates federal law which prohibits those charged with a felony from obtaining a gun.

This summer, the Supreme Court struct down New York's concealed carry law and ruled that courts should uphold gun restrictions only if there is a tradition of them in U.S. history. According to Texas Tribune, Counts said he found no history for limiting guns for those charged but not convicted of felony crimes. The prosecution said:

“The Second Amendment has always allowed laws restricting the gun rights of groups viewed by legislatures as posing a public-safety risk, including those accused but not convicted of wrongdoing."

This case stems from the conviction of a man who purchased a gun while under indictment and lied about it during a background check. Texas Tribune reports that Jose Gomez Quiroz attempted to buy a gun at an Alpine store and denied he was under indictment on his background check form. After a seven-day wait for approval, he picked up his new semi-automatic pistol. Texas Gun Sense Executive Director Nicole Golden said there have been reasonable limitations on the second amendment. Golden said:

“Support for sensible gun laws has been really high, especially this summer in the wake of Uvalde,” “This feels very much in violation of what I think the public is expecting when it comes to how we address our public safety.”

This latest decision by the court continues the fight to crack down on gun violence through more gun control legislation across the country.

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I specialize in crime, entertainment and political stories. I have spent eight years as a freelance writer and journalist.

Dallas, TX
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