The Second Amendment is not a “second class right.” No longer can courts balance away a constitutional right. After Bruen, the Government must prove that laws regulating conduct covered by the Second Amendment’s plain text align with this Nation’s historical tradition. The Government does not meet that burden. Although not exhaustive, the Court’s historical survey finds little evidence that § 922(n)—which prohibits those under felony indictment from obtaining a firearm—aligns with this Nation’s historical tradition. As a result, this Court holds that § 922(n) is unconstitutional
Full case here: UNITED STATES OF AMERICA v. JOSE GOMEZ QUIROZ, https://storage.courtlistener.com/recap/gov.uscourts.txwd.1165328/gov.uscourts.txwd.1165328.82.0.pdf
Anton Vialtsin, Esq.
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