2012 case labels Supreme Court pick Gorsuch as pro- gun

NRA says it will lobby for defender of 2nd Amendment

Advocates for and WASHINGTON against gun control agree on this much: Supreme Court nominee Neil Gorsuch is a “pro- gun” judge, and the proof is a 2012 court case in which he sided with a felon busted with a gun.

As a Circuit Court judge, Gorsuch found an unusual argument in that case compelling: The felon said he didn’t know he was a felon and was thus unaware he was barred from having a gun.

Gorsuch argued that the law requires the government to go beyond prior precedent and prove the defendant knows he’s a felon — not just that he knew he had a gun.

Gun- rights advocates say his role in U. S. v. Miguel Games- Pe

rez proves his deep commitment to the Second Amendment, and they plan to fight for his confirmation. Gun- control supporters say Americans should be concerned that he won’t even restrict gun rights for convicted felons.

“Judge Gorsuch’s views are so outside the mainstream that he has gone out of his way to side with felons over public safety,” wrote Pete Ambler, executive director of Americans for Responsible Solutions. “His irresponsible record indicates he would actually weaken the gun laws on the books.”

The National Rifle Association, meanwhile, has pledged to acti- vate its members and millions of supporters throughout the country in support of Gorsuch, whom President Trump nominated to replace Justice Antonin Scalia, who died last February.

“He will protect our right to keep and bear arms and is an outstanding choice to fill Justice Scalia’s seat,” said Chris Cox, executive director of the NRA’s Institute for Legislative Action.

Gorsuch, 49, has served on the U. S. Court of Appeals for the 10th Circuit since he was appointed in 2006 by President George W. Bush.

He was part of a three- judge panel that took up Games- Perez’s appeal in 2012 after he had violated the terms of a 2009 attempted robbery guilty plea. His agreement with the court banned him from possessing firearms.

Denver police caught GamesPerez less than a year later holding a pistol with an obliterated serial number, according to court documents. Games- Perez argued that he didn’t know he was a convicted felon because of an ambiguous discussion with a judge about his conviction.

Gorsuch reluctantly sided against Games- Perez’s appeal as part of the panel, writing that it was his duty to follow circuit court precedent, even if it is incorrect. Though he voted to affirm the lower court’s conviction, he still delighted gun- rights advocates with his reason for why the government should have to prove a defendant knew of his prior felony conviction.

“After all, there is ‘ a long tradition of widespread lawful gun ownership by private individuals in this country,’ and the Supreme Court has held the Second Amendment protects an individual’s right to own firearms and may not be infringed lightly,” he wrote, quoting Supreme Court rulings.

In September 2012, Gorsuch argued that the full 10th Circuit should rehear Games- Perez’s case, but he was in the minority.

“This court’s failure to hold the government to its congressionally specified burden of proof means Mr. Games- Perez might very well be wrongfully imprisoned,” Gorsuch wrote then.

Gun- control advocates acknowledge that Gorsuch has voted to uphold convictions for illegal gun possession by felons in other cases. But they cite his role in Games- Perez and other cases as reason for their opposition.

“He has gone out of his way to side with felons over public safety.” Pete Ambler, executive director, Americans for Responsible Solutions

CAROLYN KASTER, AP Judge Neil Gorsuch and his wife, Louise, listen as his nomination is announced Jan. 31.