Author Topic: District Judge Finds Gun Ban for Marijuana Users Unconstitutional  (Read 448 times)

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Online Elderberry

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Breitbart 2/5/2023

On Friday, U.S. District Judge Patrick R. Wyrick dismissed an indictment against Jared Michael Harrison, holding that the statute relied upon to ban gun ownership by marijuana users is “unconstitutionally vague, in violation of the Due Process Clause, and unconstitutionally infringes upon his fundamental right to possess a firearm, in violation of the Second Amendment.”

Harrison was indicated by a federal grand jury on August 17, 2022, for possessing a firearm while being an “unlawful user of marijuana,” with 18 U.S.C. § 922(g)(3) being relied upon in the indictment.

Wyrick observed:

    Section 922(g)(3) does not have deep roots; it wasn’t enacted by Congress until the Gun Control Act of 1968. The statute initially prohibited any individual  who was “an unlawful user of or addicted to marihuana or any depressant or stimulant drug . . . or narcotic drug” from receiving a firearm, but it was amended in 1986 to broadly prohibit the receipt or possession of a firearm by any person who “is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).” In its modern form, § 922(g)(3) thus strips a person of their fundamental right to possess a firearm the instant the person becomes an “unlawful user” of marijuana. And in the United States’ view, all users of marijuana are “unlawful users.”

More: https://www.breitbart.com/2nd-amendment/2023/02/05/district-judge-finds-gun-ban-marijuana-users-unconstitutional/

Online Elderberry

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Re: District Judge Finds Gun Ban for Marijuana Users Unconstitutional
« Reply #1 on: February 07, 2023, 01:55:17 am »
Wyrick concluded that “18 U.S.C. § 922(g)(3) violates Harrison’s Second Amendment right to possess a firearm,” and the motion to dismiss Harrison’s indictment was granted.