Posted on 08/14/2023 5:07:10 AM PDT by marktwain
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
(Excerpt) Read more at ammoland.com ...
So Hunter is off the hook on that one?
Still guilty of being the bag man for massive influence peddling for Joe.
They finally found this “unconstitutional” because they had to in an effort to pull Hunter’s chestnuts out of the fire. He made a plea deal to dodge this violation and then backed out because daddy’s minions in the court dropped it as a violation. LOL. The justice system in this country sucks. It’s run by the DNC.
I’m definitely not into people that smoke dope or use any other sort of drugs. PERIOD.
But I do believe in the 2A. Just because I do not like pot heads does not mean I think they do not have the right to defend themselves.
I also believe that a convicted felon, once having served his full sentence, should have his 2A rights restored. I mean if they are going to be repeat offenders, they will find a gun anyway. The ones that go straight, that lead crime free lives are the ones being protected by the 2A if rights are restored.
Pot was legal and used in 1791 when the 2nd Amendment was passed.
Hunter still committed perjury on the 4473.
Correct. This has no effect on the Hunter Biden case.
But, it is not just marijuana, either. It is all intoxicants.
And how do I know this? Twenty plus years at a big city hospital (in the ER) watching more heroin ODs...more heroin deaths...than I can count.
Sure. Drunkards and addicts given a license to own guns. What could go wrong?
I would add, if a criminal can be trusted to be released from jail, and once every conviction stipulation has been met, then I see no reason to deny the person the right to self protection. Otherwise keep them locked up. That’s the way it used to be.
dont fall for the scam, this is just a back handed way of letting Hunter Biden off the hook.
It was interesting to hear the Texas character in Death Wish (’74) harp about ‘gun control’ as I watched it again last night.
At the time, I’d forgotten about the ‘68 GCA (I was a child in ‘74).
Timeless film, ironically.
I believe all gun laws are outside the constitution. “Shall not be infringed” means no controlling authority.
I agree...I also believe every single gun law is unconstitutional except in the case of “murder”.
If they find someone higher than a kite on any illegal drug, with a gun, I MIGHT think that is a good reason/law to remove the gun, arrest, and prosecute for reckless endangerment (much like driving while under the influence).
But otherwise, just because someone has smoked pot or had cocaine at one point in their life, should NOT preclude them from ever owning a firearm again.
Like some others have said, if someone gets out of prison, and they are off paper, meaning they completed ALL the requirements to be removed from the purview of the correctional department, then they should get 100% of their rights back - PERIOD! If they are too dangerous to own a gun outside of prison, then don’t let them out of prison.
Hunter lied on a Federal Form stating he was not a user of illegal drugs when he went to purchase a gun. That’s different from being in possession of a gun.
SHALL NOT BE INFRINGED
And in the opening salvo, he fired his double barrel three times.
Amazing guns they had back then.
“If they are too dangerous to own a gun outside of prison, then don’t let them out of prison.”
The practical problem with this is that we would probably need to double the number of prisons to hold those extra people.
One major cause of the parole system was to keep down the cost of incarceration.
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