The Texas case arose out of 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 of the Supreme Court [Bruen] ruling. Almost immediately, he appealed, claiming the New York ruling invalidates 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 really high, especially this summer in the wake of Uvalde,” Golden said. “This feels very much in violation of what I think the public is expecting when it comes to how we address our public safety.”