The Ninth Circuit Federal Public and Community Defenders Tuesday filed an amicus brief in the US Ninth Circuit Court of Appeals arguing that no-firearm conditions imposed on criminal defendants out on bail are unconstitutional.

The brief supports criminal defendants in the position of Jesus Perez Garcia, who are on pre-trial release under conditions that include a firearm ban. It contends that the conditions violate the “fundamental liberty interest protected by the Second Amendment.”

The brief asserts that the Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen amounted to “interest balancing under the guise of historical comparison.” In that case, the Court struck down a New York law requiring individuals applying for unrestricted handgun licenses to demonstrate a greater need for self-defense than the general public. The brief contends that the Bruen rule insists “that the government demonstrate that challenged regulations are consistent with a narrow, well-defined historical tradition.” The brief cautions against the Bruen test.

In the alternative, the brief claims that the no-firearm condition violates the Bruen test. The brief cites that pre-trial releases are “ordinary people who are presumed of a crime but are presumed innocent.” Additionally, the brief cites that pre-trial releases have not yet suffered any “judicial abridgment of their constitutional rights.”

In response to the Bruen case ruling, New York legislature passed a new gun law that struck down several provisions of the original law. On Wednesday, the Supreme Court declined to partially block enforcement of the new law.