Federal law makes it illegal and a felony for a regular user of illegal drugs, as marijuana continues to be in a number of states and under federal law, to possess a gun or firearm. The U.S. Court of Appeals for the Fifth Circuit has ruled that a prosecution for violating this law violates the Second Amendment in United States v. Daniels.
The defendant, Daniels, was stopped for driving without a license plate. There were some marijuana cigarette butts in his car's ashtray, but he wasn't high when he was pulled over. He also had in the car two loaded firearms: a 9mm pistol and and a semi-automatic rifle. He was indicted and found guilty of violating 18 U.S.C. § 922(g)(3). The Fifth Circuit reversed the conviction and ordered that the indictment be dismissed.
The key to the ruling is that Daniels, the defendant, was not shown to be high, or stoned or intoxicated by marijuana or anything else when he was stopped. So the question really was: does the Second Amendment allow prosecution for possession of firearms of someone who sometimes smokes marijuana but who was not shown to be impaired or affected by it when he was stopped and found to have some guns in his car? No, the Fifth Circuit answered; our Nation does not have a historical tradition of disarming our citizens perpetually and at all times just because they might on occasion smoke some weed or have a drink or two too many.
The ruling is the latest affirmation from the Fifth Circuit of the right to keep and bear arms enshrined in the Constitution by the Second Amendment.
Robert L. Abell
www.RobertAbellLaw.com
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