NEW ORLEANS, LA (August 10, 2023) – At the moment, Firearms Coverage Coalition (FPC) and FPC Motion Basis (FPCAF) made the next assertion relating to yesterday’s Opinion within the Fifth Circuit case United States v. Daniels:
In 2022, Patrick Daniels was convicted in federal courtroom for possessing a firearm whereas being an “illegal person” of marijuana, a violation of 18 U.S.C. § 922(g)(3). Due to that conviction, he was ceaselessly banned from possessing firearms, a elementary proper protected by the Second Modification. Yesterday, a Fifth Circuit panel held that ban unconstitutional as utilized to Mr. Daniels.
“In brief, our historical past and custom might assist some limits on an intoxicated individual’s proper to hold a weapon, nevertheless it doesn’t justify disarming a sober citizen based mostly completely on his previous drug utilization,” wrote Choose Jerry E. Smith within the courtroom’s opinion. “Nor do extra generalized traditions of disarming harmful individuals assist this restriction on nonviolent drug customers. As utilized to Daniels, then, § 922(g)(3) violates the Second Modification. We reverse the judgment of conviction and render a dismissal of the indictment.”
FPC and FPCAF filed an amicus transient on this case, urging the outcome that the courtroom reached. The courtroom cited the amicus transient in its opinion, in addition to two regulation evaluation articles by FPCAF’s Director of Constitutional Research, Joseph Greenlee. The articles are The Historical Justification for Prohibiting Dangerous Persons from Possessing Arms (Wyoming Regulation Evaluation, 2020) and Disarming the Dangerous: The American Tradition of Firearm Prohibitions (Drexel Regulation Evaluation, forthcoming 2023).
“We’re happy by the courtroom’s choice,” stated Greenlee, who authored the amicus transient. “As we defined in our transient, there isn’t any custom of disarming People based mostly solely on their use of an intoxicant, and the federal government didn’t show that marijuana customers are particularly harmful. Due to this fact, because the courtroom held, § 922(g)(3) is inconsistent with America’s custom of firearm regulation and thus unconstitutional.”
FPC and FPCAF will proceed to hunt the restoration of pure, elementary, and enumerated rights for all of the Folks via its main scholarly and litigation work.
People who wish to be part of the FPC Grassroots Military and assist necessary pro-rights lawsuits and packages like these can join at JoinFPC.org. People and organizations desirous to assist charitable efforts in assist of the restoration of Second Modification and different pure rights also can make a tax-deductible donation to the FPC Action Foundation. For extra on FPC’s lawsuits and different pro-Second Modification initiatives, go to FPCLegal.org and observe FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Coverage Coalition (firearmspolicy.org), a 501(c)4 nonprofit group, exists to create a world of maximal human liberty, defend constitutional rights, advance particular person liberty, and restore freedom. FPC’s efforts are targeted on the Proper to Maintain and Bear Arms and adjoining points together with freedom of speech, due course of, illegal searches and seizures, separation of powers, asset forfeitures, privateness, encryption, and restricted authorities. The FPC staff are next-generation advocates working to attain the Group’s strategic aims via litigation, analysis, scholarly publications, amicus briefing, legislative and regulatory motion, grassroots activism, training, outreach, and different packages.
FPC Regulation (FPCLaw.org) is the nation’s first and largest public curiosity authorized staff targeted on the Proper to Maintain and Bear Arms, and the chief within the Second Modification litigation and analysis area.
FPC Motion Basis (FPCActionFoundation.org), a 501(c)(3) nonprofit group, exists to create a world of maximal human liberty via charitable authorized motion, public coverage, training, and analysis packages.
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