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Texas judge rules people under felony indictment have right to buy guns

David Foley
Posted at 12:56 PM, Sep 21, 2022
and last updated 2022-09-21 14:09:49-04

A Texas federal judge has ruled that people under felony indictment can't be barred from buying guns.

According to the Associated Press, U.S. District Judge David Counts, who former President Donald Trump appointed, ruled that it's unconstitutional for someone under felony indictment to be banned from buying a gun.

The news outlet reported that the ban goes against a person's Second Amendment right to bear arms.

The ruling stems from the indictment against Jose Gomez Quiroz, who, in 2021, bought a .22-caliber semiautomatic handgun after being charged in Texas with burglary and jumping bail, the Associated Press reported.

Quiroz was initially convicted for making a false statement during the purchase of the firearm while under indictment, but challenged it after an ensuing federal charge, the Associated Press reported.

Counts found that prohibiting Quiroz from receiving the gun while under indictment amounted to a prior restraint violation of the Second Amendment, the Associated Press reported.

Counts acknowledged that "this case's real-world consequences - certainly valid public policy and safety concerns exist," the Washington Times reported in his ruling.

Still, he added, a Supreme Court decision from this summer, New York State Rifle & Pistol Association vs. Bruen, “changed the legal landscape," the news outlets reported.

Prosecutors have filed a notice of appeal, the news outlets reported.