5th Circuit:Prosecuting a Cannabis Consumer for Possessing Guns Violated the 2A

[dead0man]

Reason

A federal appeals court this week cast further doubt on the constitutionality of a federal law that bans gun possession by illegal drug users, overturning the conviction of a Mississippi cannabis consumer who dared to exercise his Second Amendment rights. In a decision published on Wednesday, a three-judge panel of the U.S. Court of Appeals Court for the 5th Circuit unanimously concluded that the law, 18 USC 922(g)(3), is not "consistent with the Nation's historical tradition of firearm regulation."

That is the constitutional test required by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which overturned that state's restrictions on public possession of handguns. The 5th Circuit's ruling, which upheld an "as applied" challenge, is technically limited to one criminal case. It nevertheless illustrates the difficulties that government lawyers have encountered in trying to satisfy the Bruen test, which made long-accepted gun restrictions newly vulnerable to constitutional challenges.

this probably really pisses off the (boring) people who are against guns and weed

[Okay, maybe Mike Johnson is a competent parliamentarian.]

If the only thing this guy did that supposedly warranted this was simple possession, I'll side with the Fifth Circuit here for once, and I'd expect most left-of-center posters to feel likewise. No argument that this'll piss off the most hardcore nanny staters across the land, though.

[I spent the winter writing songs about getting better]

This was the correct decision.

[politicallefty]

I think Bruen was a terrible decision (not just on merits, but as a legal opinion), but this was the correct decision.

[Ferguson97]

Bump. Isn't this connected to what Hunter Biden was charged with?

[I spent the winter writing songs about getting better]

Bump. Isn't this connected to what Hunter Biden was charged with?

Not quite because he was accused of using cocaine but the same general law. However Delaware is not under the 5th Circuit. But if appealed to SCOTUS and they upheld it that would effectively nullify his conviction. Which is what I think will happen unless the feds just take the L here, but if Hunter Biden appealed and create a circuit split they'd almost certain take it, which would be ironic.

The only conservative on the SCOTUS I can possibly see who'd care more about screwing over Hunter Biden than striking down gun restrictions is Alito and even then we're talking like 20% chance. I actually doubt any of the Supreme Court or federal judge conservatives at all care about Hunter Biden, caring about him is more of an angry conservative on Twitter sort of thing.

[Aurelius2]

Bump. Isn't this connected to what Hunter Biden was charged with?

Not quite because he was accused of using cocaine but the same general law. However Delaware is not under the 5th Circuit. But if appealed to SCOTUS and they upheld it that would effectively nullify his conviction. Which is what I think will happen unless the feds just take the L here, but if Hunter Biden appealed and create a circuit split they'd almost certain take it, which would be ironic.

The only conservative on the SCOTUS I can possibly see who'd care more about screwing over Hunter Biden than striking down gun restrictions is Alito and even then we're talking like 20% chance. I actually doubt any of the Supreme Court or federal judge conservatives at all care about Hunter Biden, caring about him is more of an angry conservative on Twitter sort of thing.

Barrett is widely seen on the right as being kind of a softy on guns. IDK if there's any truth to this. But no, she would not be motivated by the Hunter Biden issue.

[Person Man]

FD

[politicallefty]

Bump. Isn't this connected to what Hunter Biden was charged with?

Not quite because he was accused of using cocaine but the same general law. However Delaware is not under the 5th Circuit. But if appealed to SCOTUS and they upheld it that would effectively nullify his conviction. Which is what I think will happen unless the feds just take the L here, but if Hunter Biden appealed and create a circuit split they'd almost certain take it, which would be ironic.

The only conservative on the SCOTUS I can possibly see who'd care more about screwing over Hunter Biden than striking down gun restrictions is Alito and even then we're talking like 20% chance. I actually doubt any of the Supreme Court or federal judge conservatives at all care about Hunter Biden, caring about him is more of an angry conservative on Twitter sort of thing.

Barrett is widely seen on the right as being kind of a softy on guns. IDK if there's any truth to this. But no, she would not be motivated by the Hunter Biden issue.

What do you base that on?