Court Finds Gun Ban on Illegal Drug Users is Unconstitutional

AmmoLand ^ | August 14, 2023 | Dean Weingarten

[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.

[marktwain]

The historical record shows, some few states had laws which forbid shooting guns while intoxicated. There is no record of removing an individual's right to keep and bear arms simply because they used an intoxicant at some time.

[Abathar]

Question G on the Federal Form 4473

“”Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized
for medicinal or recreational purposes in the state where you reside.

Half the state of California and Michigan are going to lie on that question, this is a good decision IMHO.

[FlingWingFlyer]

This has to be correct. It’s been made “unconstitutional” to keep them from voting.

[logi_cal869]

Agreed. Solid.