Court Upholds Firearm Restrictions for Defendants Awaiting Trial

In a recent ruling, a federal court in San Francisco upheld the constitutionality of firearm restrictions placed on defendants awaiting trial.

The court found that prohibiting defendants like John Thomas Fencl and Jesus Perez-Garcia from possessing firearms was justified, as it aligns with past restrictions aimed at disarming dangerous individuals.

Judge Gabriel P. Sanchez, speaking for the three-judge panel of the U.S. 9th Circuit Court of Appeals, emphasized the historical precedent of disarming criminal defendants deemed to pose a significant danger to public safety.

This historical context, Sanchez argued, justified the restrictions imposed on Fencl and Perez-Garcia.

Both defendants challenged the law, arguing that there was no historical basis for precluding released detainees from possessing firearms. However, the court disagreed, citing the long-standing practice of temporarily disarming criminal defendants facing serious charges or deemed dangerous.

Fencl, arrested with over 100 guns in his home, and Perez-Garcia, apprehended with a significant amount of drugs at the U.S.-Mexico border, both challenged the terms of their release. They argued that the restrictions violated their Second Amendment rights.

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The court’s decision is rooted in the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Assn. vs. Bruen, underscores the importance of considering historical tradition in assessing the constitutionality of gun laws.

Despite potential further legal challenges, the ruling reflects a recognition of the need to keep firearms out of the hands of those who pose a risk to public safety.