A recent ruling by a three-judge panel from the United States Court of Appeals for the Ninth Circuit has determined that Steven Duarte, a convicted felon, has the right to possess a firearm for self-defense. Duarte, who has five felony convictions and was involved in a street gang in Los Angeles, had his gun rights upheld in a split decision, with judges Carlos Bea and Lawrence VanDyke in the majority.
Judge Bea, who wrote the majority opinion, referenced the case of Bruen (2022) and found that the government did not provide sufficient justification for the prohibition against felons possessing firearms. He argued that gun control measures must align with historical tradition and the intentions of America’s founders. Bea and VanDyke believed that the blanket prohibition against felons possessing guns did not withstand scrutiny.
In his opinion, Bea emphasized that as an American citizen, Duarte is protected by the Second Amendment and has a presumptive individual right to possess a firearm for self-defense. The government failed to demonstrate that permanently depriving Duarte of this right was consistent with the nation’s history, leading to the conclusion that the prohibition violated his Second Amendment rights.
The case, USA v. Duarte, was heard in the U.S. Court of Appeals for the Ninth Circuit.
