Appeals Court Confirms Ban on Gun Purchases for Individuals Under Indictment
Judges noted that the federal law prohibiting certain individuals from obtaining firearms resembles restrictions that were in place during the nation’s founding.
A federal statute that prevents individuals under indictment from acquiring firearms is deemed constitutional, according to a recent ruling by a federal appeals court, even considering the latest U.S. Supreme Court decisions.
Under 18 U.S. Code, Section 922(n), individuals indicted for a crime that carries a potential sentence of more than one year are prohibited from receiving firearms or ammunition.
“This contemporary regulation ‘fits neatly’ within the historical framework of safeguarding the public from criminal defendants indicted for major crimes.”
Richman pointed out that restrictions from the founding era, which routinely jailed individuals accused of serious offenses, are comparably relevant to the federal prohibition on receiving firearms while under indictment. She highlighted that in certain states during the founding period, burglary defendants were often denied bail and thus disarmed before their trials, while burglary was classified as a capital offense in seven states.
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“The government has sufficiently shown that numerous modern felonies were classified as capital offenses during the founding era and that those accused of such offenses typically had bail denied,” the ruling clarified.
Richman was supported by U.S. Circuit Judges Carolyn Dineen King and Stephen A. Higginson.
The ruling arose from a case filed by Jose Gomez Quiroz, who was indicted under this law. After Quiroz was charged in Texas with burglary and bail jumping, he purchased a handgun despite being under indictment, as indicated in court documents. He incorrectly claimed on a federal form that he was not under indictment for a crime that could lead to imprisonment for over a year.
In response, U.S. officials appealed, arguing that the lower court’s ruling was erroneous.
The Fifth Circuit panel noted that it overturned the lower court’s decision partly because the federal restrictions apply only during the period between indictment and trial.
“The limitations of the statute are also narrow; they do not prohibit the possession of firearms—only the shipment, transportation, or receipt of firearms,” Richman stated.
A public defender representing Quiroz did not provide a comment before publication.
