Americans under felony indictment have a right to buy guns, judge rules

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'The Second Amendment is not a 'second class right,'' wrote the judge. 'No longer can courts balance away a constitutional right.'

U.S. District Judge David Counts, an appointee of Republican former President Donald Trump, reached that conclusion on Monday in dismissing a federal indictment against Jose Gomez Quiroz, who had been charged under the decades-old ban.

Counts said that while the U.S. Supreme Court decision did not erase societal and public safety concerns about guns, it had"changed the legal landscape." Quiroz's attorney and representatives for U.S. Attorney Ashley Hoff, whose office prosecuted the case, did not immediately respond to requests for comment on Tuesday.

A federal jury on June 23 found him guilty of one count of illegal receipt of a firearm by a person under indictment and one count of making a false statement during the purchase of a firearm.

 

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