Firearms Policy Coalition 7/7/2023
The Ban on Gun Ownership by Unlawful Users of Controlled Substances—Such as Marijuana—is Unconstitutional, Argues FPC and FPCAF in Fifth Circuit Brief
Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of an important brief with the Fifth Circuit Court of Appeals in the case of United States v. Daniels, which challenges the federal law prohibiting anyone “who is an unlawful user of or addicted to any controlled substance” from possessing firearms (922(g)(3)). The brief, which was filed after the Court requested information regarding “historical gun regulations applicable to intoxicated or impaired individuals,” can be viewed at FPCLegal.org.
“Bruen valued colonial laws to the extent that they informed the original understanding of the Second Amendment,” argues the brief. “In over 150 years of colonial history, few laws restricted firearms use by intoxicated persons. None restricted firearms use by people who were sober at the time, but otherwise used intoxicants.”
“While the Founders were concerned about the excessive use of intoxicants, they never addressed that concern by eliminating someone’s Second Amendment rights based solely on their use of an intoxicant,” said FPCAF’s Director of Constitutional Studies, Joseph Greenlee. “922(g)(3) therefore goes too far, and under Bruen, it should be held unconstitutional.”
More:
https://www.firearmspolicy.org/the_ban_on_gun_ownership_by_unlawful_users_of_controlled_substances_such_as_marijuana_is_unconstitutional_argues_fpc_and_fpcaf_in_fifth_circuit_brief
