Tuesday, September 27, 2022

And the Bruen decision keeps giving

From a NRA email:
Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

Last week, a federal judge in the Western District of Texas ruled that a law which prohibits the acquisition of firearms by someone who is under felony indictment violates the Second Amendment. The decision to invalidate a major provision of the Gun Control Act of 1968 underscores the gravity of the U.S. Supreme Court’s recent decision in New York Rifle & Pistol Association v. Bruen, which prescribed a standard of review that lower courts must apply when resolving Second Amendment cases. The case from the Western District of Texas is United States v. Quiroz.

Makes sense, since 'under indictment' does not mean you've been convicted of anything.

We were told the consequences of that decision would be wide-ranging, and they were right.


Doc J said...

Innocent until proven guilty beats under indictment.

rickn8or said...

And yet the U.S. Congress and blue-state legislatures are busting their asses to pass clearly-unconstitutional legislation (as defined under Bruen), which will be enforced until SCOTUS slaps it down.
Congress' latest: Federal background checks for ammunition purchase, buried in must-pass spending bills.

Dave said...

It ain't just 2A. They despise 5A and 6A too. At least for anyone other than themselves.

Anonymous said...

Because spineless Republicans won’t insert amendments that would actually give us some rights back.
They may not have the power right *now* to do that but when they DID have the numbers, we got a bump stock ban. {{eyeroll}}
Ds & Rs slopping at both sides of the trough doing all they can to get what’s “theirs”.
OUR tax dollars.

Windy Wilson said...

The Fourth Amendment, too. There's a scandal brewing over a warrant to open 14,000 safety deposit boxes under the assumption that anything inside was the fruit of criminal activity. That is a general warrant despised by the Founding Fathers and favored by the British government.

And of course, the First Amendment, with the concept of hate speech which is the exception that swallows the rule. The right to peaceably assemble, worship as one pleases, and to petition the government are not far behind.