Federal court rules firearm restrictions on defendants awaiting trial are constitutional

FILE - Various guns are displayed at a store in Auburn, Maine, on July 18, 2022. Court orders that prohibited two criminal defendants from possessing firearms while they awaited trial were constitutional because they were in line with past restrictions on firearms, a federal court ruled Monday, March 18, 2024.

Sanchez said those previous prohibitions justified the restrictions placed on John Thomas Fencl and Jesus Perez-Garcia, defendants in California whose challenges to the law were consolidated in Monday’s order. Katie Hurrelbrink, an attorney for both men, told the Times she intended to “continue litigating this” by asking for a review by a larger, en banc appellate panel and, if necessary, the U.S. Supreme Court.House Republicans demand answers on ‘gag order’ for union of immigration judgesU.S. Attorney Tara McGrath said in a statement that the ruling “recognized the long history of keeping firearms out of the hands of those who refuse to abide by the law.

Both Fencl and Perez-Garcia argued that while detained defendants had historically had firearms taken away from them, there was no historical record of detainees who had been released from detention being precluded from possessing firearms.

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