Explore The NRA Universe Of Websites

APPEARS IN News

Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

Monday, September 26, 2022

Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

Last week, a federal judge in the Western District of Texas ruled that a law which prohibits the acquisition of firearms by someone who is under felony indictment violates the Second Amendment. The decision to invalidate a major provision of the Gun Control Act of 1968 underscores the gravity of the U.S. Supreme Court’s recent decision in New York Rifle & Pistol Association v. Bruen, which prescribed a standard of review that lower courts must apply when resolving Second Amendment cases. The case from the Western District of Texas is United States v. Quiroz.

The federal law at the center of Quiroz is codified at 18 U.S.C. 922(n). It states:

It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

An indictment occurs when prosecutors present evidence to a grand jury that there is probable cause a person has committed a crime, and the jury agrees. This decision can then be used as the basis for the government to prosecute the person for the offense. 

Grand jury proceedings are not the same thing as a criminal trial. They are merely meant to establish that the government has completed the necessary investigative work to legitimately arrest someone and haul that person before a criminal court. An indicted person, in the American legal system, still enjoys the presumption of innocence.

As the Quiroz decision explained, moreover, grand jury proceedings are entirely one-sided – with the jury hearing only from the prosecution – and the accused does not enjoy the same due process protections that apply during a criminal trial. For example, grand jury members may consider evidence against the accused that would be illegal for the prosecution to use in the criminal trial itself. The “freewheeling” and uncontested nature of the proceedings, as the court observed, led one judge to famously opine that “a Grand Jury would indict a ham sandwich.”

The court noted that the federal law in question had survived previous constitutional challenges, but those decisions all occurred before the Supreme Court’s ruling in Bruen, which clarified the process courts must use in resolving Second Amendment challenges. First, the court must determine if “the Second Amendment’s plain text covers [the] individual’s conduct” the government hopes to restrict. If it does, “The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” If the government fails to carry this burden, then the challenged law cannot stand.

In the Quiroz case the court found that “receipt” of a firearm was clearly covered by the Second Amendment’s plain text, as the very definition of “receive” is to “to take into . . . one’s possession,” and “possess” is synonymous with “keep.”

The court then held that the government could not point to a similar law that was common at the time of the Second or Fourteenth Amendment’s adoption, and none of the historical precedents the government offered to justify the regulation were sufficiently similar to it. But then the court went further, conducting a lengthy historical analysis of its own to determine if relevant precedents might yet support the law. Ultimately, it determined that they did not.

The court acknowledged that public safety concerns might validly argue in favor of prohibiting the receipt of arms by someone formally charged with a serious crime but observed there may be other mechanisms under the law to deal with that, apart from 922(n)’s blanket prohibition. For example, once a person is actually arrested post-indictment, a court will hold a hearing to determine if the person should be held in custody pending trial or released, and if the latter, if conditions should apply to the release. At this stage of the proceedings, however, the accused can meaningfully participate and advocate for his or her own position. Thus, the constitutional calculus might be different for a court-ordered restriction on weapons receipt that occurs after a detention hearing than for a sweeping prohibition that applies after all felony indictments.

According to news reports, the Biden administration has already appealed the court’s decision to the U.S. Court of Appeals for the Fifth Circuit. It may therefore take many years of additional litigation to determine if the ban on receipt of firearms for those under indictment for crimes punishable by more than a year in prison will ultimately stand.

In the meantime, the court’s decision is a Quiroz is a hopeful sign for pro-gun advocates that even federal gun control dating to the mid-20th Century will require a high standard of justification to survive Second Amendment scrutiny under Bruen.

IN THIS ARTICLE
Texas NYSRPA v. Bruen
TRENDING NOW
Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.