Pennsylvania Firearm Owners Association
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  1. #1
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    Default Law banning felony indictments from buying guns is unconstitutional

    According to ABC news a federal judge in Texas ruled that the Law banning felony indictments from buying guns is unconstitutional. However it only appear to cover indictments, not convictions.

    PECOS, Texas -- A U.S. law banning those under felony indictments from buying guns is unconstitutional, a federal judge in West Texas ruled Monday.
    U.S. District Judge David Counts, whom then-President Donald Trump appointed to the federal bench, dismissed a federal indictment against Jose Gomez Quiroz that had charged him under the federal ban.

    According to Counts’ ruling, Quiroz was under a state burglary indictment when he tried to buy a .22-caliber semiautomatic handgun and challenged the ensuing federal charge.
    In a 25-page opinion filed in Pecos, Texas, Counts acknowledged “this case’s real-world consequences — certainly valid public policy and safety concerns exist.”

    However, he said a Supreme Court ruling this summer in a challenge brought by the New York Rifle & Pistol Association “framed those concerns solely as a historical analysis.”

    “Although not exhaustive, the Court’s historical survey finds little evidence that ... (the federal ban) — which prohibits those under felony indictment from obtaining a firearm — aligns with this Nation’s historical tradition.”

    Hence, he ruled the ban unconstitutional as the “Second Amendment is not a 'second class right,” as noted in a 2008 Supreme Court ruling. ”No longer can courts balance away a constitutional right," Counts wrote. After the New York case, "the Government must prove that laws regulating conduct covered by the Second Amendment’s plain text align with this Nation’s historical tradition. The Government does not meet that burden."

    In the New York case, the high court held by a 6-3 vote, with conservative justices forming the majority, that Americans have a right to carry firearms in public for self-defense. The June 23 ruling, written by Justice Clarence Thomas, was seen then as likely to 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 return a message seeking comment.
    https://abcnews.go.com/US/wireStory/...ional-90183298

  2. #2
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Quote Originally Posted by eagleclaw View Post
    According to ABC news a federal judge in Texas ruled that the Law banning felony indictments from buying guns is unconstitutional. However it only appear to cover indictments, not convictions.



    https://abcnews.go.com/US/wireStory/...ional-90183298
    Indicted is only indicted, not convicted.

    Convicted is the line.
    American by BIRTH, Infidel by CHOICE

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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Seems reasonable to me. Lots of reasons a guy under indictment may need a gun...not the least of which may involve not getting convicted.

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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    I like to be convicted before punishment commences! Mom didn*t play by those rules and it SUCKED OUT LOUD! My brother did something and she knew it was one of us, so we both got beat until someone cracked. Then I got beat more because I *should have ratted him out.*

    Yes, indictment means *maybe he did it* but the Jury hasn*t seen the case and the indicted has rights!

  5. #5
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Would this apply to PFAs too, until they're heard and either granted or denied?
    If we don't get Oz, we get stuck with Fetterman.

  6. #6
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    The revised May 2020 form 4473, question 21-b:

    b. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military
    Justice and whose charge(s) have been referred to a general court-martial?

    Maybe the judge could address the entire question of ATF making law that should be the assigned job of congress.
    There are two kinds of guns. Those I have acquired, and those I hope to.

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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Quote Originally Posted by Bang View Post
    The revised May 2020 form 4473, question 21-b:

    b. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military
    Justice and whose charge(s) have been referred to a general court-martial?

    Maybe the judge could address the entire question of ATF making law that should be the assigned job of congress.
    The bolded IS by Federal statute:

    18 USC §922(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    Don't know the origin for the military court-martial phrase.
    IANAL

  8. #8
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    That pesky "innocent until proven guilty..." thing again?

  9. #9
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Quote Originally Posted by claudel View Post
    That pesky "innocent until proven guilty..." thing again?
    Tyrants hate this one trick used to twart their power.....

  10. #10
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    Default Re: Law banning felony indictments from buying guns is unconstitutional

    Quote Originally Posted by Walleye Hunter View Post
    Would this apply to PFAs too, until they're heard and either granted or denied?
    Not likely. PFA /restraining order is a whole other question on the 4473 form. Secondly a person named a defendant on a PFA is not being arrested or indicted. At least not with the PFA alone. It's a court order.

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