Free Republic

On November 15, 2022, the United States Attorney in the Western District of Texas, Ashley C. Hoff, filed a Notice of Appeal to the United States District Court fro the Western District of Texas, Pecos Division in the case of USA v. Perez-Gallan. Previously, on November 10, 2022, Judge David Counts had issued a Memorandum Opinion dismissing the indictment to Litsson Antonio Perez-Gallan as invalid because it was unconstitutional under the United States Supreme Court decision in New York State Rifle & Pistol Association (NYSR&PA) v. Bruen decision, which restored the Second Amendment as a full-fledged member of the Bill...

Federal District Judge David Counts in the Western District of Texas has ruled the controversial federal law banning gun possession by a person who has been served with a restraining order for domestic violence is unconstitutional under the Second Amendment. The statute in question is 18 U.S.C. § 922(g)(8). This statute makes it a crime to possess a firearm if the person is subject to a court issued restraining order about domestic violence. The maximum term of imprisonment for violation of the statue is up to 10 years in prison. The actual wording of 18 U.S.C. §922(g)(8) is this:(g) It...