A Texas federal judge ruled Thursday that it is unconstitutional to disarm someone who is under a protective order. Advocates say the move could have wide-ranging impacts on gun access across the country.
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U.S. District Judge David Counts, who was appointed by former President Donald Trump, ruled last week that banning those under a protective order from possessing a gun infringes on their Second Amendment rights. This June, the high court’s ruling in New York State Rifle & Pistol Association vs. Bruen, written by Justice Clarence Thomas, struck down the state’s concealed carry law and held that courts going forward should uphold gun restrictions only if there is a tradition of them in U.S. history.
Counts’ most recent opinion also pointed to the lack of historical record of domestic abuse law that limits access to firearms. But the landscape around domestic violence and firearms has changed dramatically since the late 1700s when the Second Amendment was ratified.
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