US v Daniels - 5th Circuit panel overturns prohibition on firearm possession by current or former drug users

[Ark]

5th Circuit deals blow to federal gun statute used in Hunter Biden case

The Fifth Circuit Court of Appeals on Wednesday ruled against a federal law that prohibits unlawful drug users from possessing firearms.

www.foxnews.com

The U.S. Court of Appeals for the 5th Circuit on Wednesday voided a federal law that prevents unlawful drug users from possessing firearms.

The statute, 18 U.S.C. § 922(g)(3), bars anyone who is an "unlawful user of or addicted to any controlled substance," including marijuana, from possessing a gun. Violators can face up to 10 years in prison. However, a three-judge panel, citing the Supreme Court's landmark gun rights decision last year, unanimously found the statute unconstitutional as applied to defendant Patrick Daniels.

Daniels, an admitted habitual marijuana user, was arrested in April 2022 after police searched his car and found marijuana and two loaded firearms. He was convicted in July 2022 and sentenced to nearly four years in prison and three years of probation — a conviction the 5th Circuit panel has now thrown out.



Effect is limit to the Fifth Circuit for now.

 

[KLB]

Awesome.

 

[Cameramonkey]

I bet Hunter is ecstatic at this ruling.

 

[bgcatty]

I'll bet the Giffords gang and Moms Who Need Some Action have their panties in a twist for sure!

 

[Ark]

I bet Hunter is ecstatic at this ruling.

"Aw man I shoulda bought that gun in Louisiana"

Look, with all the bribe payments now exposed, I'm not exactly heartbroken if the gun charge ends up dropped by the wayside.

 

[Tombs]

With legal weed in most states, this is really a necessary ruling to avoid targeting law abiding citizens, even ignoring the constitutionality.

 

[2tonic]

I bet Hunter is ecstatic at this ruling.

He's dumb enough to be, but his crime was lying on a Federal form 4473, not being an addict in possession of a firearm.
The feds can still ask the question, they just can't use an affirmative answer to deny you.

 

[IN New Guy]

The courts opinion ruled in favor of the individual caught with a small amount of MJ and a couple of handguns. Not an addict and not a pusher. The opinion stated it applies only to this individual but probably will be used in future cases as precedent.

 

[KellyinAvon]

The 5th Circuit is rapidly becoming my favorite Circuit Court.