On August 9, 2023, a three-judge Federal Court of Appeals for the 5th Circuit reversed the conviction of Patrick Daniels, a habitual marijuana user who at trial had been found guilty of violating a federal statute making it a felony for unlawful users of drugs to be in possession of firearms.
Daniels had been found with a pistol and rifle in his vehicle during a traffic stop. Following his conviction Daniels was sentenced to nearly four years in federal prison.
This Court of Appeals found in this 3-0 decision that the relevant statute, §922(g)(3), as applied to Daniels, violated the Second Amendment of the US Constitution. Accordingly the court reversed his conviction and even dismissed the indictment against him.
Today’s show is largely a straight-through reading of US v. Daniels.
Enjoy! #SecondAmendment #Marijuana
RESOURCES
United States v. Daniels, 2023 U.S. App. LEXIS 20870 (USCA 5th 2023)
https://lawofselfdefense.com/law_case/united-states-v-daniels-2023-u-s-app-lexis-20870-usca-5th-2023/
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There’s Hunters defense
“Neither the government nor amici…” Oof.
The founding fathers used illicit drugs and firearms habitually. All the pseudo-2A supporters just need to stop supporting certain infringements. It's extremely contradictory.
Well, if you’re going to die on the hill of “marijuana users can’t possess firearms” all of you that partake in alcoholic beverages need to turn in your weapons
Thank you for the reading of these cases; an invaluable service. Besides the latest involving 2A, having had a career in law enforcement I find I still enjoy and appreciate the minds that produce these traditional based decisions.
Were the weapons in question actually loaded (one in the chamber) or boomer loaded (loaded mag, empty chamber)?
The federal government really needs to abandon their hate affair with pot. The people overwhelmingly support legal pot. It isnt even close.
Nice vid
An erudite and professionally-articulated summary Andrew; thank you so much.
Unsure if you've reviewed the 3rd and 8th circuit ruling re: convicted felon in possession … which makes it ambiguous at best, providing no clear (national) answer to non-violent felons … and SCOTUS has certainly not clarified the issue.
Intoxication alone has never seemed adequate to deprive one's self-defense rights.
A cancer-patient and many others who consume opiates (including methadone users) are allowed to DRIVE under "the influence" so long as they can safely operate. Likewise, why should someone who otherwise exercises good judgement be disallowed self-protection? Especially prescribed drug-use.
I understand the difference between recreational usage, but there are entire classes of people with medical conditions that limit their 2A right: Cancer patients, people in chronic pain and even methadone users, and the actual legal language is ambiguous (especially in the most recent ruling). All of whom are medically prescribed and are allowed to operate motor vehicles. Yet, they'd be disallowed defending their life? Making it unlawful even if their conduct and competence are never even questioned.
Felons include (almost General Flynn), Martha Stewart's alleged lie, computer hackers, people who exceed campaign limits!? And all kinds of conduct that's unindicative of societal-risk, yet, strips 2A rights, wholesale.
Perhaps a tendency or history of violence could justify infringing on one's right, but it should not be a default, but rather a decision which is only sometimes implemented based on specific and articulable justification.
And even then, after some period of time they deserves to have that decision reevaluated.
Q: What affect will this ruling have on the felony firearms that Hunter Biden is facing?
I assume it will have no affect but it's better to be well informed then to be holden to blind ignorance.
That court decision that argued that he wasn't one of the "people" who the second amendment refers to framing it only to apply to non criminals is kind of horrifying.
As if all constitutional rights evaporate when ever you break the law, would that same judge apply that same standard to the 1st or 5th amendment?
Great reading thanks Andrew
It very well may lead to that being struck down nationwide but right now it only affects the 5th Circuit. It is one of the reasons I never partook in use of that substance. I don't want to be the test case and I like my firearms too much to take the chance.
Hunter can do it
Prolly most gun control is
UNCONSTITUTIONAL
Speedy video. Dang auto correct
Not exactly the same issue, but in Clark County, Nevada, you cannot get a CCW if you use marijuana. Will this decision affect Nevada?
Smoking weed does not disqualify you from the second amendment.
Who cares this day In Age anyway, it’s just weed
"Shall not be infringed."
shall not be infringed
Arms with a capital A!
So could this change the 4473 about marijuana use?