5th Cir. Says More on When Federal Ban on Gun Possession by Drug Users Is Unconstitutional
- The 5th Circuit Court ruled that the federal ban on gun possession by drug users is unconstitutional as applied to Patrick Daniels, Jr. Because the jury did not find he was intoxicated at his arrest.
- The Court emphasized that Section 922 cannot convict individuals based solely on habitual or occasional drug use, reaffirming its previous decision in United States v. Connelly.
- The ruling allows the government to reprosecute Daniels under a theory consistent with the Second Amendment, but his initial conviction was deemed unconstitutional due to insufficient evidence of current intoxication.
- The decision clarifies that while individuals actively intoxicated may be restricted from gun possession, the law's application must be carefully defined to avoid overreach.
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Leaning Left2Leaning Right1Center0Last UpdatedBias Distribution67% Left
Bias Distribution
- 67% of the sources lean Left
67% Left
L 67%
R 33%
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