Banning those who use marijuana from possessing firearms is unconstitutional, according to a new ruling by a federal appeals court.
In the case United States of America versus Patrick Darnell Daniels, Jr., the U.S. Court of Appeals for the Fifth Circuit unanimously agreed to reverse the conviction of an individual sentenced to nearly four years in prison after being caught by police with firearms and then subsequently admitting to using marijuana “fourteen times a month”.
The three-judge panel cited a 2022 Supreme Court ruling which found that any regulations or restrictions on firearm use must be consistent with the original intent of the second amendment, established in 1791. The court argued that the government did not meet this standard when arguing that marijuana use disqualifies an individual from possessing guns.
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