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Attorneys Seek to Uphold 2A Rights for Non-Criminal Defendants
AmmoLand ^ | January 26, 2023 | Dean Weingarten

Posted on 01/28/2023 4:41:32 AM PST by marktwain

On June 14, 2022, Jesus Perez-Garcia, was arrested as a passenger in a car crossing the Mexican border into the United States. A significant quantity of Illegal drugs was found in the vehicle’s bumper. Jesus claimed he did not know about the drugs being there. The driver of the vehicle, Antonio, supported Jesus’ claim, saying he took full responsibility for the drugs in the vehicle. Jesus admitted the driver told him he was going to get drugs but says he thought the drugs would be for personal use in Mexico.

Jesus has no criminal history. He worked in California as a security guard and is a U.S. citizen. He pled not guilty and was released on bond on June 30. The conditions of bail were not disclosed at the hearing.

Later, Jesus learned one of the conditions of the bond was that he be disarmed.

This meant he could not work as an armed security guard or protect his family. After learning of the no firearms condition, Jesus appealed the bail condition on July 29, 2022. The District Judge, Gonzalo P. Curiel, held the bail condition of no firearms did not violate rights protected by the Second Amendment because there was historical precedent in 19th-century surety statutes, which required a bond for people who were accused of violent intent, for them to carry firearms in public. Judge Curiel found the surety statutes to be close enough fit for purposes of release on bond.  Jesus has appealed the District court ruling to the Ninth Circuit. From the appeal to the Ninth Circuit, USA v Jesus Perez-Garcia:

Mr. Perez-Garcia is one of the pretrial releasees subject to this condition. A U.S. citizen and licensed gun owner with no criminal history,


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 2a; 9th; banglist; bond
There is no historical tradition of depriving non-violent suspects of the right to keep and bear arms as a condition of bond.
1 posted on 01/28/2023 4:41:32 AM PST by marktwain
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To: marktwain

“ Jesus has no criminal history.”

Quote of the week.


2 posted on 01/28/2023 4:46:58 AM PST by rey
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To: marktwain

The man is NOT a citizen. Deprive him of all his rights. Send him back to where he came from


3 posted on 01/28/2023 4:49:16 AM PST by Nifster (I see puppy dogs in the clouds )
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To: marktwain

I always thought that under the law when something illegal is found in a car the driver of the car is deemed to be the “owner”...is deemed to be responsible for it.


4 posted on 01/28/2023 4:52:25 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: Nifster

You might want to walk that back.

“He worked in California as a security guard and is a U.S. citizen”


5 posted on 01/28/2023 4:53:28 AM PST by Cletus.D.Yokel (Machine-gun jumblies. How'd I miss that? - Austin Powers 2)
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To: Nifster
That's a different issue but I agree. I would fully support a Constitutional Amendment stating that the 2nd Amendment applies *only* to United States citizens.
6 posted on 01/28/2023 4:54:27 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: Nifster

Sorry went back and reread

He is a citizen. Ignore my previous comment


7 posted on 01/28/2023 4:55:41 AM PST by Nifster (I see puppy dogs in the clouds )
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To: marktwain

Historically people weren’t barred for life from owning guns; the guns were taken when they went to prison and then after they got out they got them back. That being said , This is a Camel’s nose under the tent type thing And while I recognize to be out of that things aren’t going to be rolled back, This is a camel with it’s nose under the tent type thing and if it’s not halted, Soon you’ll be told to give up your guns for being convicted of lettering


8 posted on 01/28/2023 5:10:06 AM PST by rottweiller_inc (inter canem et lupum)
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To: Gay State Conservative

It should go without being said that only citizens would have constitutional rights since people that come to this country who are not citizens have not made the agreement with the government under the constitution that we the people have.


9 posted on 01/28/2023 5:11:43 AM PST by rottweiller_inc (inter canem et lupum)
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To: rottweiller_inc

Yes,I can agree with that. At least some...if not all...of the rights enumerated in the Constitution should be available only to US citizens. Of course we cannot treat foreigners in a cruel,abusive or inhumane way but apart from the right to be treated in something resembling a decent way foreigners should have no special “rights” here.


10 posted on 01/28/2023 5:28:28 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: rottweiller_inc
I worked for years in a big city ER. I've seen more dead,and dying,people than you've had hot dinners. A good number of those dead and dying had been shot.

There are few,if any,people who support 2A more than me. However,there *are* people who should be denied access to firearms...some temporarily,some permanently.I met more than a few such people during my time in that ER.

And yes,we must watch for "the slippery slope". Perhaps that can be done with a Constitutional Amendment that addresses the subject,clearly and plainly.

11 posted on 01/28/2023 5:35:28 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: marktwain

the root of the problem is that the addicts are the ones promoting banning drugs and incarcerating “non violent” offenders. Smokers with cancer are known to blame tobacco companies and the lack of laws to kill smokers giving off second hand smoke what not. They are at the root of social distancing of smokers vs physical distancing. These types are antigun too.


12 posted on 01/28/2023 5:38:49 AM PST by lavaroise
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To: Gay State Conservative

before going to guns, maybe first take away the voting rights of those who do not pay taxes and have thus no legit political consciousness

That would maybe solve 90% of democrat cities and their gun wounds problems.

This issue of going after the first culprit of the problem instead of going up the chain to figure maybe another origin of it, is getting ridiculous. The gunshot is only the result of a long drawn out behavioral issue in society, the tip of the iceberg, the quality control upstream the point of failure in the manufacturing process.

This nation has lost interest in the proper process and important questions and instead looks to patch things up with gun laws.


13 posted on 01/28/2023 5:45:23 AM PST by lavaroise
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To: Gay State Conservative

Really, I thought they were God-given rights. Do you believe that human rights are granted by governments and constitutions?


14 posted on 01/28/2023 6:10:15 AM PST by tarator
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To: lavaroise

Which taxes? There are some that even the homeless and illegals can’t escape. And there are some pretty questionable people that pay property taxes, through rental agreements. And half of the folks currently eligible to participate in elections don’t.


15 posted on 01/28/2023 6:13:20 AM PST by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: Nifster
You apparently missed this sentence from the story:

"Jesus has no criminal history. He worked in California as a security guard and is a U.S. citizen."

16 posted on 01/28/2023 6:22:38 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Gay State Conservative

That’s where our laws come in, the ones that are vetted by the constitution. You see these foreigners they can expected in a constitutional way because of our laws but they don’t have the same rights As American citizens.


17 posted on 01/28/2023 6:46:53 AM PST by rottweiller_inc (inter canem et lupum)
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To: usconservative

I apologized immediately


18 posted on 01/28/2023 8:04:18 AM PST by Nifster (I see puppy dogs in the clouds )
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To: Nifster

I should’ve scrolled down further, figuring someone else would’ve beat me to pointing out the error. No big whoop. Have a great day!


19 posted on 01/28/2023 9:16:58 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Gay State Conservative
Indeed. Possession is 9/10ths of the law. At least as I understand it.
20 posted on 01/28/2023 11:36:24 AM PST by jmacusa (Liberals. Too stupid to be idiots. )
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