Скачать или смотреть Federal Gun Control Law STRUCK DOWN! - US v Daniels

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This video is for educational purposes.

Title 18 U.S.C. Section 922(g)(3) bars an individual from possessing a firearm if he is an “unlawful user” of a controlled substance. Patrick Daniels is one such “unlawful user”—he admitted to smoking marihuana multiple days per month. But the government presented no evidence that he was intoxicated at the time of arrest, nor did it identify when he last had used marihuana. Still, based on his confession to regular usage, a jury convicted Defendant of violating Section 922(g)(3). The question is whether Defendant’s conviction violates his right to bear arms. The answer depends on whether Section 922(g)(3) is consistent with the nation’s “historical tradition of firearm regulation.”

The Fifth Circuit reversed the judgment of conviction and render a dismissal of the indictment. The court explained that the nation’s 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. Thus, the court held that as applied to Defendant, then, Section 922(g)(3) violates the Second Amendment.

00:00 Can you own firearms if you use marijuana?
01:01 Details of U.S. vs. Daniels.
04:55 How the Bruen analysis applies.
09:38 Hunter Biden and Bruen.
11:06 What’s great about this case?

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