This decision from the 5th Circuit is perfectly argued. USA v. Daniels (5th Cir. 2023):
Throughout American history, laws have regulated the combination of guns and intoxicating substances. But at no point in the 18th or 19th century did the government disarm individuals who used drugs or alcohol at one time from possessing guns at another. A few states banned carrying a weapon while actively under the influence, but those statutes did not emerge until well after the Civil War. Section 922(g)(3)—the first federal law of its kind— was not enacted until 1968, nearly two centuries after the Second Amendment was adopted.
In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage. Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users. As applied to Daniels, then, § 922(g)(3) violates the Second Amendment. We reverse the judgment of conviction and render a dismissal of the indictment.
I do not care (much) how drunk you get, as long as you are sober when you have your gun.
Yes, Hunter, thank us by ratting out your father.
No comments:
Post a Comment