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« Interesting survey on gun ownership | Main | Man stops violent criminal, and get arrested in Maryland »

Federal judge strikes down ban on receipt by those under felony indictment

Posted by David Hardy · 20 September 2022 12:07 PM

US v. Quiroz, W.D. Tex. The judge does a good job, and is quite faithful to Bruen. I just worry that too faithful an application might lead to results that could lead a later Court to abandon "text, history, and tradition" as unworkable.

UPDATE: Wikipedia indicates that Judge Counts is an interesting judge. Made a magistrate judge in 2009, Obama nominated him for district judge in 2016; it failed to be confirmed. A year later Trump nominated him, and this was confirmed by the Senate 96-0 in 2018.

4 Comments | Leave a comment

Anonymous | September 20, 2022 3:25 PM | Reply

Too Faithful...really? Are you worried that the NFA is about to go down (via Texas NFA - Paxton v. Dettelbach)...because it is going to be struck down.

Carl from Chicago | September 20, 2022 4:57 PM | Reply

Reading the judge’s historical overview of legislation (eg. NFA, GCA, etc.) that led to the modern version of 922(n) reminds me of how easily over time the interest-balancing approach can tighten the ratchet of restrictions.

Reading the comment above reminds me that the cart goes behind the horse’s ass, instead of in front of it.

Marcus Poulin | September 24, 2022 5:04 PM | Reply

I haven't been able to tell if Judge David Counts was an Obama or Trump Appointee? It says Trump Appointed Him but the Biographical Information for the District Court of the Eastern District of Texas says He was Appointed in 2009.

Betty | September 26, 2022 7:16 PM | Reply

Seems to me you cannot deprive someone of any rights if that person has not been convicted of a crime.

It is a crime that people can wait five years to be brought to trial.

Score one for the law rather than the bureaucrats.

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