Americans Under Felony Indictment Can Buy Guns: Federal Judge

Firearms are pictured in an exhibit hall at the Kay Bailey Hutchison Convention Center during the National Rifle Association's annual convention in Dallas on May 6, 2018. Loren Elliott/AFP/Getty Images

A federal judge in West Texas ruled Monday that it was unconstitutional—in absence of a historical precedent—to ban those under felony indictments from buying guns.

U.S. District Judge David Counts, appointed by former President Donald Trump, dismissed a federal indictment against Jose Gomez Quiroz, who was restricted from purchasing a firearm. The case, United States v. Quiroz, docket no. 4:22-cr-00104 (pdf), arose from Quiroz’s purchase of a .22-caliber semiautomatic handgun when he was under a state burglary indictment. Quiroz allegedly lied about being under a federal indictment when he bought the gun.