Legal Insurrection by Mary Chastain Thursday, August 10, 2023
The U.S. Court of Appeals for the Fifth Circuit in New Orleans found the 1968 law barring illegal drug users from having firearms unconstitutional.The U.S. Court of Appeals for the Fifth Circuit in New Orleans found the 1968 law barring illegal drug users from having firearms unconstitutional.
The appeals court only affects districts in Louisiana, Mississippi, and Louisiana. Therefore, don’t believe all the headlines that make you think this will directly help Hunter Biden.
But the ruling could set a precedent.
The Fifth Circuit struck down statute 18 U.S.C. § 922(g)(3), which bars “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).”
The Court cited the Supreme Court case U.S. v. Bruen. That case changed “the framework that lower courts must use when analyzing gun restrictions.”
Cops found marijuana and two loaded firearms when they searched Daniels’ car. Daniels was sentenced to four years and three years of probation.
The Court’s decision throws out Daniels’ sentence.
Hunter Biden has been charged under the same statute in Delaware. The U.S. Court of Appeals for the Third District has Delaware in its jurisdiction, so if it has a similar case and comes to the same ruling, it could affect Hunter.
More:
https://legalinsurrection.com/2023/08/5th-circuit-ruling-on-federal-gun-statute-could-potentially-help-hunter-biden/
