Pretrial Gun Bans Constitutional Post-Bruen, Appeals Court Says

A federal law temporarily barring criminal defendants released on bail from possessing guns while they await trial is constitutional, a federal appeals court said.

"[T]he historical record evinces a historical tradition of complete disarmament of criminal defendants facing serious or felony charges pending trial,” the US Court of Appeals for the Ninth Circuit said in affirming the decisions of two lower courts.

Two men charged with federal crimes, John Fencl and Jesus Perez-Garcia, challenged the provision of the Bail Reform Act of 1984 disarming defendants before trial, arguing it doesn’t comport with the US Supreme Court’s 2022 Bruen decision. New ...