Federal Judge Strikes Down Gun Ban for Felony Indictments

Those charged with a felony by a grand jury may not be deprived of their Second Amendment rights before conviction, a federal judge has ruled.

Judge David Counts of the District of Western Texas ruled Monday that a provision in the Federal Firearms Act barring those under felony indictment from obtaining a firearm is not in line with the nation’s historical tradition of firearm regulation. He also dismissed an indictment against Jose Gomez Quiroz, a Texas man charged under the ban.

“Although not exhaustive, the Court’s historical survey finds little evidence that § 922(n)—which prohibits those under felony indictment from obtaining a firearm—aligns with this Nation’s historical tradition,” Judge Counts, an Obama appointee who was reappointed and confirmed under Trump, wrote in his opinion. “As a result, this Court holds that § 922(n) is unconstitutional.”