Ban on People Receiving Firearms while
under Indictment is Unconstitutional

By Dean Weingarten. Sept 26, 2022

On September 19, 2022, the District Court, W.D. Texas, found the ban on individuals under indictment from receiving firearms in federal law, (§ 922(n)) to be unconstitutional under the standards clarified by the Bruen Decision of 2022.

This correspondent has always believed the indictment ban to be unconstitutional.

In the United States, people are considered innocent until proven guilty. If a mere indictment can eliminate the ability to exercise an enumerated constitutional right before there is any conviction, that standard is set on its head.

Courts loaded with Progressive Judges previously danced around this obvious barrier by promoting the fiction the Second Amendment did not apply to individuals. The 1943 Cases decision is discussed in a previous article.

In Cases, a three judge panel, all Progressives appointed by President Franklin Delano Roosevelt (FDR), held the Supreme Court in the Miller case, could not possibly have meant what it said.

The three judge panel ignored the Miller decision. The Progressive judges made up their own standard in the 1942 decision.

Judge Counts, in the current Quiroz case, mentions the 1942 Cases decision and discounts it because it relies on the discredited "collective rights" argument.

Instead, Judge Counts follows the requirements of the recent Bruen decision. .....