A federal judge in West Texas ruled Monday that a U.S. law that bars people charged with felony charges from buying firearms is unconstitutional.
U.S. District Judge David Count, who was appointed as a federal judge by then-President Donald Trump, dismissed a federal indictment against Jose Gomezqueiros that charged him under a federal injunction.
According to the Counts ruling, Quiroz was charged with state burglary when he attempted to purchase a .22-caliber semi-automatic pistol and challenged subsequent federal charges.
In a 25-page submission in Pecos, Texas, Counts acknowledged “the real-world consequences of this case — there are certainly valid public policy and safety concerns.” However, he saidIn the challenge presented by the New York Rifle and Pistol Association, “these concerns are treated as historical analysis only.”
“Although not exhaustive, the court’s historical investigation has found little … (federal injunction) — prohibiting persons charged with felony charges from acquiring firearms — consistent with this country’s historical tradition.”
He therefore ruled that the ban was unconstitutional because “the Second Amendment is not a ‘second-class right,'” as noted in a 2008 Supreme Court decision. “The courts can no longer balance a constitutional right,” Berts wrote. After the New York case, “the government must demonstrate that the laws governing conduct, which are expressly covered by the Second Amendment, are consistent with this nation’s historical tradition. The government has not borne the burden.”
In the New York case, the High Court ruled by a 6-3 vote (with a majority of conservative justices) that Americans have the right to carry firearms in public for self-defense. The June 23 ruling, written by Justice Clarence Thomas, was thought at the time could lead to more people being legally armed.
A message to the U.S. Attorney’s Office for the Western District of Texas did not immediately respond to a message seeking comment.