Court cases are funny things. Sometimes they come out with a decision that is clearly right. Other times, they give a decision which is clearly legislating from the bench (the political left’s favorite kind of decision). Still, others surprise you, make you step back, and wonder if that was a good idea or not.
Today’s story is about one of those last kinds of decisions.
Now, on a legal basis, I’m of a mind to think that it’s the right decision. I am, after all, an absolutist about the Second Amendment. From the practical side, though, it could have some… interesting… side effects. Zachary Stieber writes,
A man who regularly uses an illegal drug can still own guns, according to an Aug. 9 federal court ruling.
Patrick Daniels Jr. of Mississippi was convicted in 2022 of violating a federal law that bars people from possessing a gun if they use a controlled substance, or an illegal drug.
But the law clashes with new U.S. Supreme Court precedent, which has been upending laws across the country, lawyers for Mr. Daniels argued in an appeal. They said the clash means Mr. Daniels was unconstitutionally deprived of his rights under the U.S. Constitution’s Second Amendment.
The appeals court ruled in favor of Mr. Daniels, pointing to the Supreme Court’s 2022 ruling in a case involving a gun law in New York.
“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,” an appeals court panel concluded. “Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users.”
They overturned the conviction and dismissed the charge.
Now, I sincerely hope, for both his sake and the sake of everyone around him, that Daniels is sober and off of drugs, at this point. That would be best for everyone.
But if he isn’t, that could make for some potentially awkward and dangerous situations around him, none of which are good if they involve a firearm.
So, while I think that this was the right legal decision from the court, this decision is, yet, another reason that I think that you should train with your firearm and carry everyday. Because you don’t want to be without your firearm when a drug user pulls one on you while he’s sober or stoned.
I sure hope that when they say ” a federal law bars people from possessing a firearm if they are using a controlled substance ” they don’t mean a doctors legal prescription for pain killers. Because there are millions of people in pain from injuries, injuries that will never stop hurting and causing major lack of motion, for the rest of their lives. To me, those people are the ones that need the 2nd the most, because they may not be able to run away or even defend themselves as easy, without a carrying a firearm.
Then most of the Legal profession and law enforcers of all kinds, politicans of every level as well most of the medical profession most doctors not only do they use drugs they are legal drug pushers for the pharmaceutical Industry people get real take off the blinders in every profession every walk of life judges need to stop the BS they know and I don’t care if you don’t like what I am saying it’s real.
What seems unjust is that a citizen can be convicted of a non violent financial crime and then be forbidden to possess a firearm for the rest of his life. In the 1800s released prisoners had their firearms returned to them. A mistake and a nonviolent one at that should not make someone be at the mercy of some assailant because he no longer has the God given right to protect himself and his family. Someone should challenge that unconstitutional infringement on a citzen’s 2nd Amendment right to possess a firearm. A lifetime ban on a ciitzen’s Right to possess a firearm as punishment for a non violent offense violates the Eighth Amendment “cruel and unusual punishment” prohibition.
I an a firm believer in legalizing so-called marijuana, and in owning guns The former does not make you a loony that randomly runs around shooting people. What nobody seems to realize is that there are drugs, and then there are drugs. Heroin, cocaine, and meth are pretty much bad news, as are many legal scrips. Cannabis is a true Sacred Herb, and should be used with respect, whether for medical or “recreational” purposes. Leave the cannabis people alone.
Every person alive has the right to protect themselves rather it be with fists or club or firearm. Each case should be open to all avenues considering what is appropriate force used to do the protecting. Felon or not. Drug user or not.
They should Dismantle all AI’s PERIOD !
take my Second Amendment Rights Away BALONY!.
If Hunter Biden can legally own a firearm, anyone should be able to! Oh wait, isn’t that what the Second Amendment says? Why does ANYONE need to ask government permission to exercise their rights?
It’s ‘political’ & all revolves around the definition & interpretation of ‘illegal’, doesn’t it? You see, under Federal law: “Marijuana is a Schedule I substance under the Controlled Substances Act, meaning that it has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.”
The Federal government still classifies marijuana as ‘illegal’ to possess &/or use & it will remain a Schedule I substance for the foreseeable future, along with heroin and LSD’; which are above Schedule II drugs that include cocaine and methamphetamine! Yet most states have ‘legalized’ marijuana for ‘medical’ use & almost half have legalized ‘recreational’ cannabis possession & use. So what allowed the individual in the above story to escape prosecution? Perhaps it was the ‘Rohrabacher–Farr amendment’? First passed in 2014, it prohibits federal prosecution of individuals complying with state medical cannabis laws.
Also, because the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C., the federal government has deferred to the ‘rights of the people’ in a state to vote on anything not specifically spelled out in the US Constitution; this includes such things as marijuana possession & use, depriving an innocent, law-abiding US citizen of their Constitutional rights, disregarding the Rule of Law when it benefits the ‘majority’ of people in a state to do & even allows lawlessness, corruption & criminality to be rewarded while the victim of crime is punished even more.
So what does this mean as far as 2nd amendement rights & ‘lawful possession’ of a firearm? It means that since the majority of people in the US are now intentional ‘participants’ in what they know to be a ‘criminal enterprise’ & are lawless, corrupt, criminals & ‘sex-offenders’, that the Fedreal government is now run by ‘organized crime’ & has to do what their handlers tell them to do; even if it runs contrary to rights & law! So said, if only “law-abiding” US citizens were to be allowed to possess firearms, how many US citizens would have their guns taken away? How many of you would lose yours?
If these jacka$$ officials in the blue states have their way this world would have only 500 million people with them dictating their own BS to the peasants who will listen and obey!! So far the first pandemic to do just that, did not work so well for the JACKA$$ officials and dnc party plus rinos! But I’m afraid we will be pandemic ridden if they stay in CHARGE ANY LONGER!! It seems to me that almost every official has or will Commit treason!!We well known that their education was tainted with the most Heynis and viral mental infection they call it liberal thinking, but we call it woke ideology!! I hope this saying is true go woke go broke because if it’s not this world is doomed to suffer a fate worse than Sodom and Gomorrah!!
No where in the Second Amendment does it state who cannot own and bare firearms.
everyone should be able to defend thereselves against criminals and a tyranical government. even if they smoke marijuana and thats all. they let an alcoholic own guns, whats the differents.
i have convictions for burglary, theft of property, theft by deception (hot checks written to big corporations)
forgery (i forged the name on a closed account that my ex wife used to buy stuff with, and POSSESSION OF A PISTOL PRIOR TO 5 YEARS FROM DISCHARGE OF SENTENCE (STATE OF MINNESOTA 1988) and (possession of chemicals with intent to manufacture an explosive?(1998 state of wisconsin) (my landlord got drunk and kicked out of a bar for life, then threatened “my roommate has a basement full of bombs and will blow this place off the map and kill every one of you”.
i possessed a bottle of potassium chlorate , powdered sugar, cannon fuse, cardboard tubes, a book by kurt saxon titled “the poor mans james bond”(contained detailed instructions on making solid fuel engines for model rockets) and some concentrated battery acid (intended to be used to make ink for a fountain pen that would eat up the check within 6 hours, as i use to print completely bogus checks on my computer to cause the corporations to loose more money and get bigger tax deductions so the tax burden would get harder on the average guy in hopes that one day the average guy would say enough is enough and OVERTHROW THE GOVERNMENT JUST LIKE MY ANCESTORS DID IN 1775!!!)
MY INTENT WAS TO MAKE MODEL ROCKET ENGINES AND THE STATES EXPERT WITNESS STATED IN HIS REPORT THAT I COULD “MAKE A 2 COMPONENT FIRE BOTTLE WITH WHAT I POSSESSED “. (MOLOTIVE COCKTAIL)
I CANT WAIT UNTIL THE SUPREME COURT REMOVES THE PROHIBITION ON FELONS POSSESSING FIREARMS!! I QUIT MY CRIMINAL SHIT OVER 20 YEARS AGO AND I QUIT SMOKING WEED BACK IN 1980. QUIT DRINKING IN 1986, AND QUIT CIGARETTES IN 1988, THE YEAR MY WIFE WAS BORN!!
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