Disarming defendants awaiting trial is constitutional, federal appeals court rules

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A federal court in California ruled Monday that it is constitutional to restrict firearm possession for defendants awaiting trial due to historic U.S. laws of a similar type.

A federal court has ruled that it is constitutional to block defendants awaiting trial from possessing firearms. The United States 9th Circuit Court of Appeals ruled Monday that restriction on defendants' rights to bear firearms is constitutional because it is in line with the country's historic legal procedures. The decision was unanimous by the panel of three judges. The opinion was written by Judge Gabriel P. Sanchez.

New York State Rifle & Pistol Assn. vs. Bruen overturned the long-standing Sullivan Act in New York, which demanded individuals seeking to carry a gun offer 'proper cause' justifying their need to do so. 'We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,' Justice Clarence Thomas wrote in 2022.

 

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