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 August 12, 2023

5th Circuit Court upholds 2nd Amendment rights of drug users

The Fifth Circuit Court of Appeals struck down a law banning gun ownership for known drug users in a groundbreaking decision on Wednesday.

Thanks to a new legal standard from the Supreme Court, lower circuit courts are examining existing laws and in some case, striking down decades old laws that improperly infringed on the 2nd Amendment.

The three-judge panel at the New Orleans-based appeals court unanimously struck down the 1968 law using precedent set by the Supreme Court.

Circuit Judge Jerry Smith wrote, "In short, 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. Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users."

This decision is an important step in further reinforcing the 2nd Amendment rights of all Americans, regardless of lifestyle or legal situation.

Shall not be infringed

The challenge to this law was brought by Patrick Daniels, who was found possessing two firearms and several marijuana butts.

Despite not being tested nor showing signs of being impaired, Daniels was sentenced to four years in prison as he admitted he was a user.

Thankfully, Daniels's conviction has now been overturned and his right to keep and bear arms restored.

The case against Daniels was questionable on its own and should never have resulted in a conviction. The lack of any testing or confirmation of impairment when Daniels was stopped should have overturned any conviction.

Daniels was thoroughly mistreated by the justice system and it has no doubt had a seriously adverse impact on his life. Thankfully, his case will be crucial in the ongoing war against gun control.

Gun control burning down

Ever since the Supreme Court's decision in the New York State Rifle & Pistol Association v. Bruen case, gun control advocates have suffered defeat after defeat in the judiciary.

This isn't the first decision to come from the 5th Circuit Court that has repudiated decades of gun control legislation.

Last February, the 5th Circuit Court decided to overturn a rule banning individuals with domestic violence restraining orders from owning guns.

Americans who are happy to see the 2nd Amendment restored can thank former President Donald Trump who created the conservative Supreme Court majority.

Written By:
Robert Hoel

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