The Texas case arose from the conviction of a man who had purchased a gun while under indictment and lied about it during his background check, according to [US District Court Judge David] Counts’ ruling. Last year, while indicted on charges of burglary and missing court dates, Jose Gomez Quiroz tried to buy a semi-automatic pistol at an Alpine store. He denied he was under indictment on his background check form and, after a seven-day wait for approval, picked up his new gun.
Days later, the federal system alerted that the purchase was illegal. He was convicted on the same day as the Supreme Court [Bruen] ruling. Almost immediately, he appealed, claiming the New York ruling invalidated the law he broke. Counts agreed.
“The Second Amendment is not a ‘second class right,’” he ruled. “No longer can courts balance away a constitutional right?”
Nicole Golden, executive director of Texas Gun Sense, said there have long been “reasonable limitations” on the right to bear arms enshrined in the Second Amendment.
“Support for sensible gun laws has been high, especially this summer in the wake of Uvalde,” Golden said. “This feels very much in violation of what I think the public expects regarding how we address our public safety.”