A West Texas federal judge has ruled unconstitutional a federal law saying those under felony indictments cannot buy guns.
US District Judge David Counts whose district includes Midland, Odessa and Pecos dismissed a federal indictment against a man who'd been charged under that federal ban.
The case centers around Jose Quiroz. He was under a state burglary indictment but was not at that time convicted when he went to buy a handgun.
Ruling in favor of Quiroz, the judge cited previous US Supreme Court holdings that the "Second Amendment is not a second-class right." Furthermore, the judge says the Government must prove that laws regulating conduct covered by the Second Amendment's plain text must align with this Nation’s historical tradition. The Government does not meet that burden.
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