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
First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

US Virgin Islands: Sweeping Gun Control Measures Advance

Wednesday, October 8, 2025

US Virgin Islands: Sweeping Gun Control Measures Advance

The 36th Legislature of the US Virgin Islands is continuing to advance sweeping gun control measures through the legislative process.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 9, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, along with the Second Amendment Foundation, Firearms Policy Coalition, and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on ...

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

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.