On Monday, a federal appeals court upheld a lower court's decision that criminal defendants can be denied the right to have firearms, which is a setback for gun rights proponents.
The 9th Circuit decision The 9th Circuit ruled against two defendants who argued that the government should not be allowed to take away their guns before they are convicted of a crime.
A three-judge panel disagreed, stating that the restrictions are in line with how courts have historically balanced the rights of pretrial detainees and releasees with public safety concerns. Judge Gabriel Sanchez, who wrote the opinion, said it aligns with the country's history of temporarily disarming criminal defendants facing serious charges or those considered dangerous or unwilling to follow the law.
Both defendants, John Fencl and Jesus Perez-Garcia, are facing serious criminal charges. Fencl was arrested for illegal weapons possession, while Perez-Garcia was arrested in connection with a significant drug bust.
The men tried to challenge the restrictions based on a new standard set by the 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen, which requires gun control laws to be in line with historical principles of gun regulation.
That standard has been used to overturn several gun control laws across the country, and has been hailed as a major win for gun rights advocates. But Judge Sanchez, who was appointed by President Biden, found that it is permissible to take away firearms from defendants who are considered dangerous, such as Fencl and Perez-Garcia. “We conclude that the Government has met its burden of showing that Appellants’ temporary disarmament is consistent with our nation’s historical tradition of firearm regulation,” Sanchez wrote.
Since the case was filed, Fencl was convicted at trial in October on gun-related charges, and the bond for Perez-Garcia was revoked after he missed several hearings in his drug-related case.
A federal appeals court ruled Monday that criminal defendants can be stripped of their right to handle firearms, affirming a lower court ruling and dealing a blow to gun rights advocates. The 9th Circuit decision sided against two defendants who claimed that the government could not take away their firearms before they could be convicted…
Since the case was filed, Fencl was convicted at trial in October on gun-related charges, and the bond for Perez-Garcia was revoked after he missed several hearings in his drug-related case.
