United States v. Garcia, No. 22-50314 (9th Cir. 2024)
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The United States Court of Appeals for the Ninth Circuit affirmed the constitutionality of a pretrial release condition that temporarily barred two defendants from possessing firearms pending trial. The defendants, Jesus Perez-Garcia and John Thomas Fencl, were charged with various felony offenses. The district courts imposed a condition barring them from possessing firearms as part of their pretrial release, arguing that the restriction was necessary for public safety. The defendants appealed, arguing that this condition infringed on their Second Amendment rights.
The Ninth Circuit disagreed, finding that the firearm condition was constitutional. The court reasoned that the Bail Reform Act of 1984's firearm condition on pretrial release is consistent with how courts have historically balanced the constitutional rights of pretrial detainees with public safety considerations. The court also pointed out that the nation has a long history of temporarily disarming criminal defendants facing serious charges and those deemed dangerous or unwilling to follow the law. Therefore, the court held that the temporary disarmament of the defendants was justified by this historical tradition.
Court Description: Criminal Law. In consolidated appeals from district court orders subjecting two defendants (Appellants) to a condition of pretrial release that temporarily barred them from possessing firearms pending trial, the panel denied Appellants’ motion to dismiss the appeals as moot, and provided its full rationale for its previous order affirming the district court’s orders.
The panel declined to dismiss the appeal as moot for four reasons: the case is not moot in the jurisdictional sense, the opinion is not advisory, equity weighs in favor of denying the motion, and dismissal would likely force later panels to duplicate the panel’s efforts while confronting the exact same issues. Appellants contended that the pretrial firearm condition violates their Second Amendment rights under New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022). Disagreeing, the panel held that the Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to Appellants. The panel explained that its holding is consistent with how courts have long balanced the constitutional rights of pretrial detainees and releasees with legitimate public safety and logistical considerations, and is consistent with our nation’s long history of temporarily disarming criminal defendants facing serious charges and those deemed dangerous or unwilling to follow the law.
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