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