Court Finds Gun Ban on Illegal Drug Users is Unconstitutional

[mikelets456]

On August 9, 2023, a three-judge panel of the United States District Court of Appeals for the Fifth Circuit found the federal ban on the possession of firearms by people who use marijuana to be unconstitutional under the Second Amendment.

The case is USA v. Daniels. Daniels was pulled over for driving without a license plate in April 2022. One of the two officers was a Drug Enforcement Administration agent. That officer recognized the smell of marijuana. The two officers found several marijuana cigarette butts, a 9mm pistol, and a semi-automatic rifle in the vehicle. During questioning, Daniels admitted he was a regular user of marijuana. He was not tested for drug use. He was not asked if he was using marijuana at the time. The officers did not state Daniels appeared intoxicated. From the court opinion:

Based on his admission, Daniels was charged with violating 18 U.S.C. § 922(g)(3), which makes it illegal for any person “who is an unlawful user of or addicted to any controlled substance . . . to . . . possess . . . any firearm.”An “unlawful user” is someone who uses illegal drugs regularly and in some temporal proximity to the gun possession. See United States v. McCowan, 469 F.3d 386, 392 (5th Cir. 2006).

While Daniels was under indictment, the Supreme Court decided Bruen. It clarified that firearms regulations are unconstitutional unless they are firmly rooted in our nation’s history and tradition of gun regulation. See 142 S. Ct. at 2129–30. Daniels immediately moved to dismiss the indictment, claiming that § 922(g)(3) is unconstitutional under that new standard.

The District Court denied the motion to dismiss the indictment. He was found guilty and sentenced to four years in prison. Daniels appealed his conviction to the Fifth Circuit, which

https://www.ammoland.com/2023/08/cou...#axzz8A1jp9y9U

[Walleye Hunter]

Hallelujah, hunter is saved, case dismissed.

[DukeConnor]

Just in time to save hunter

[knight0334]

The case is "as applied", and only effects his specific case. It doesn't nullify other folks' cases in that circuit, or nullify the law on the matter. Every other "unlawful drug user or possessor" is still prohibited.

Now, it does make good citation for others in that circuit should they want to challenge their convictions.

[Walleye Hunter]

The case is "as applied", and only effects his specific case. It doesn't nullify other folks' cases in that circuit, or nullify the law on the matter. Every other "unlawful drug user or possessor" is still prohibited.

Now, it does make good citation for others in that circuit should they want to challenge their convictions.

Thanks for the clarification but I look forward to seeing if and how it affects hunter biden's case.

[JenniferG]

It means potheads and crackheads can own guns so the laws that were going to be used on Dopey Joe son are null and void.

[Aggies Coach]

It means potheads and crackheads can own guns so the laws that were going to be used on Dopey Joe son are null and void.

We already have drunks and legal drug users that have guns. Although I don*t fall for the conspiracy theories.

[Sgt.K]

[dunno]

It means potheads and crackheads can own guns so the laws that were going to be used on Dopey Joe son are null and void.

Maybe, he still lied on the 4473.