Gun restrictions on defendants awaiting trial are constitutional, U.S. appeals court rules

A federal appeals court ruled Monday that criminal defendants can be stripped of their right to handle firearms, upholding a lower court ruling and dealing a blow to gun rights advocates.

of Ninth Circuit Judgment The government sided with the two defendants, who argued that their firearms could not be taken away before they were convicted.

The three-judge panel dissented, arguing that the restriction “has long proven that the court has respected the constitutional rights of pretrial detainees and releasers and legitimate public safety and logistical considerations.” “This is consistent with the way we have struck a balance between the two parties, and is consistent with our country’s long history of temporarily disarming criminal defendants facing serious charges.” These are people who are considered dangerous or who are unwilling to obey the law,” Justice Gabriel Sanchez wrote in the opinion.

Both defendants face felony charges and are filing separate lawsuits. John Fenkle was arrested for illegally possessing weapons after police searched his home and found more than 110 guns, including 10 “ghost guns,” as well as illegal ammunition. According to court documents, Jesus Perez-Garcia was arrested during a customs inspection as a passenger in a car containing 11 kilograms of methamphetamine and 0.5 kilograms of heroin.

The men challenged the regulations using new standards established in the 2022 New York State Rifle and Pistol Association v. Bruen Supreme Court case. This standard requires gun control laws to be “consistent” with historic gun control principles.

The standard has since struck down multiple gun laws across the country, and gun rights advocates have cited it as a landmark for their cause.

But Mr. Sanchez, a Biden appointee, ruled that defendants who are reasonably considered dangerous, like Mr. Fenkel and Mr. Perez-Garcia, are allowed to remove their firearms.

“We conclude that the government has met its burden of demonstrating that appellant’s temporary disarmament is consistent with our nation’s historical tradition of firearms regulation,” Sanchez wrote.

Since the case was filed, Fencl was convicted of gun-related charges in an October trial, and Perez-Garcia’s bail was revoked after she missed multiple hearings in a drug-related case.