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
United States v. Daniels, 2023 U.S. App. LEXIS 20870 (USCA 5th 2023)
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