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BumRushDaShow

(129,353 posts)
Tue Sep 20, 2022, 11:45 AM Sep 2022

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

Source: Reuters

(Reuters) - A federal law prohibiting people under felony indictment from buying firearms is unconstitutional, a federal judge in Texas has concluded, citing a U.S. Supreme Court ruling that significantly expanded gun rights.

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 cited the U.S. Supreme Court’s ruling in June declaring for the first time that the right to “keep and bear arms” under the U.S. Constitution’s Second Amendment protects a person’s right to carry a handgun in public for self-defense.

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.” “The Second Amendment is not a ‘second class right,’” Counts wrote. “No longer can courts balance away a constitutional right.” 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.

Read more: https://www.reuters.com/article/usa-guns-court-idCAKBN2QL1LD



But 4 Amendments to the Constitution about "voting" IS a "2nd class right".

It's like someone pushed a panic button and they are going full-throated throwing things at the wall, so maybe we are finally getting "close".
38 replies = new reply since forum marked as read
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Americans under felony indictment have a right to buy guns, judge rules (Original Post) BumRushDaShow Sep 2022 OP
Yup. Voting much more threatening than mass shootings (to magats) SheltieLover Sep 2022 #1
Does any state take away voting rights on indictment? FBaggins Sep 2022 #13
Apparently so, given recent FL indictments of felons who voted SheltieLover Sep 2022 #18
No... if they're felons then they were convicted, not just indicted FBaggins Sep 2022 #19
True. SheltieLover Sep 2022 #20
They can buy guns, but can't vote. Only in America. Meadowoak Sep 2022 #2
It does seem insane Groundhawg Sep 2022 #5
I think a convicted felon cannot vote but someone who is indicated can Kaleva Sep 2022 #17
Depends on which State. Meadowoak Sep 2022 #23
I'm looking at the ACLU website Kaleva Sep 2022 #25
In which state(s) are indicted persons not allowed to vote? nt sl8 Sep 2022 #27
Does it? Dr. Strange Sep 2022 #34
That would require a presumption of guilt. Igel Sep 2022 #35
Further PROOF that our judicial system is bluestarone Sep 2022 #3
Need proof it is a functional JUDICIAL system first, to even be destroyed? Brainfodder Sep 2022 #15
why not have the gun delivered to prison? GenXer47 Sep 2022 #4
All those Traildogbob Sep 2022 #6
In trading votes for ammo, is this the trajectory we're on? aocommunalpunch Sep 2022 #7
I wonder if a felon brought a gun and shot one of his family members he would be regretting this kimbutgar Sep 2022 #8
Felons have been convicted of crimes FBaggins Sep 2022 #9
Still until these jerks are affected themselves they don't care about other peoples safety kimbutgar Sep 2022 #11
This message was self-deleted by its author kimbutgar Sep 2022 #12
Let's just start laying mines all over the place. chowder66 Sep 2022 #10
Bastille Day in Texas. Arm the criminals. bucolic_frolic Sep 2022 #14
"U.S. District Judge David Counts, an appointee of Republican former President Donald Trump ... " Botany Sep 2022 #16
I guess there is no law saying they can't buy a gun... FarPoint Sep 2022 #21
There is such a law, that's what the Court found unconstitutional. nt sl8 Sep 2022 #26
Is is a state law? FarPoint Sep 2022 #29
"A federal law prohibiting people under felony indictment from buying firearms is unconstitutional" sl8 Sep 2022 #30
"No longer can courts balance away a constitutional right." That does not have the sounds of an cstanleytech Sep 2022 #22
Maybe I'm A Little Off Here... ruet Sep 2022 #24
Innocent until proven guilty manicdem Sep 2022 #32
In Texas, you can vote if you are under felony indictment LeftInTX Sep 2022 #28
I would like very strong gun laws, but until a person is convicted of a crime they have rights. Dysfunctional Sep 2022 #31
What could go right? twodogsbarking Sep 2022 #33
Well, that's good to know! James48 Sep 2022 #36
Illegitimate presidents appoint illegitimate judges. czarjak Sep 2022 #37
Opinion (pdf): sl8 Sep 2022 #38

FBaggins

(26,756 posts)
13. Does any state take away voting rights on indictment?
Tue Sep 20, 2022, 12:15 PM
Sep 2022

I would think that would be unconstitutional with or without this ruling

SheltieLover

(57,073 posts)
18. Apparently so, given recent FL indictments of felons who voted
Tue Sep 20, 2022, 12:46 PM
Sep 2022

After being led to believe their voting rights were reinstated.

Not an attorney here.

FBaggins

(26,756 posts)
19. No... if they're felons then they were convicted, not just indicted
Tue Sep 20, 2022, 12:49 PM
Sep 2022

The new indictment is for an alleged new crime (voting when they weren't allowed to)

Groundhawg

(556 posts)
5. It does seem insane
Tue Sep 20, 2022, 11:59 AM
Sep 2022

But they say you can indict a ham sandwich.
An indictment isn't a conviction in any way and yes you can vote while under indictment.

It does seem like someone under indictment could be included in a red flag law to prevent them from getting weapons.

Dr. Strange

(25,922 posts)
34. Does it?
Tue Sep 20, 2022, 06:07 PM
Sep 2022

Is there really a state which doesn't allow people to vote if they're under indictment? That seems shady as hell.

Igel

(35,337 posts)
35. That would require a presumption of guilt.
Tue Sep 20, 2022, 08:57 PM
Sep 2022

While widespread, it's not legal. Unless that's your job--like a prosecutor, for instance. Judges can't make that assumption, but hack politicians can and often do.

Brainfodder

(6,423 posts)
15. Need proof it is a functional JUDICIAL system first, to even be destroyed?
Tue Sep 20, 2022, 12:23 PM
Sep 2022

When too many unqualified appointed judges is NOT a secret, we might just have too many problems?

Traildogbob

(8,791 posts)
6. All those
Tue Sep 20, 2022, 12:00 PM
Sep 2022

MAGA soldiers that have been indicted, need to be able to get guns for the planned civil war. Their militias are taking as big a hit as Russian troops. When trumps Pardons take affect, they will go straight to gun stores to get War gear to follow the orders of dear leader. So Pardoned mass children shooters have a right to own guns. Sure, every life is sacred, right. FUCK GQP and their judges. And THEIR Jesus.

kimbutgar

(21,177 posts)
8. I wonder if a felon brought a gun and shot one of his family members he would be regretting this
Tue Sep 20, 2022, 12:06 PM
Sep 2022

Decision. This gun bs is insane.

FBaggins

(26,756 posts)
9. Felons have been convicted of crimes
Tue Sep 20, 2022, 12:12 PM
Sep 2022

This ruling involves those who are indicted but have not been convicted.

Response to FBaggins (Reply #9)

Botany

(70,559 posts)
16. "U.S. District Judge David Counts, an appointee of Republican former President Donald Trump ... "
Tue Sep 20, 2022, 12:28 PM
Sep 2022

Putin installed Trump, helps out the GOP, feeds stories into Fox News, and their like in order
to cause schisms in the nation's social fabric. Judge David Counts is one more cog in the on
going right wing coup to over come the demographic changes in America.

This ruling will cause more gun deaths, heartbreak, and divisions in America.

FarPoint

(12,428 posts)
21. I guess there is no law saying they can't buy a gun...
Tue Sep 20, 2022, 12:54 PM
Sep 2022

I do know' even some states won't let people who have had a felony vote even if release from a sentence....Of course, one can't vote when incarcerated and on probation but in many states they can vote after all requirements completed...

I just varies...My point is....if there is no law to prevent the indicted level criminal from buying a gun....there needs to be a law saying such.

sl8

(13,859 posts)
30. "A federal law prohibiting people under felony indictment from buying firearms is unconstitutional"
Tue Sep 20, 2022, 01:48 PM
Sep 2022

cstanleytech

(26,316 posts)
22. "No longer can courts balance away a constitutional right." That does not have the sounds of an
Tue Sep 20, 2022, 01:04 PM
Sep 2022

impartial judge.

ruet

(10,039 posts)
24. Maybe I'm A Little Off Here...
Tue Sep 20, 2022, 01:05 PM
Sep 2022

as I haven't really gamed it though but; couldn't this logic be used to render pre-conviction imprisonment "unconstitutional"?

manicdem

(389 posts)
32. Innocent until proven guilty
Tue Sep 20, 2022, 04:20 PM
Sep 2022

I subscribe to this philosophy and we should live by it, even when it comes to guns and long jail times prior to trial. I'm guessing way back in the past, trials were pretty quick so pre-trial detainment wasn't an issue. But now someone can wait in jail for months, or years, until their trial concludes which is wrong.

LeftInTX

(25,511 posts)
28. In Texas, you can vote if you are under felony indictment
Tue Sep 20, 2022, 01:24 PM
Sep 2022

Believe me, we had "Ms. Felony Indictment" harassing voters at the polls. (She also ran for sheriff while she was under indictment) The courts finally ordered her to stay away from political events.
She was found guilty a few weeks ago and can't vote in the Nov election.
She also won't be harassing voters at the polls, because I believe she will be given a probation and terms of her probation will bar her from political events.




James48

(4,438 posts)
36. Well, that's good to know!
Tue Sep 20, 2022, 09:40 PM
Sep 2022

So I guess as long as I’m out on bail, and I can still pick up a new AR, can’t I?

How delightful!

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