What could be a HUGE 2nd Amendment ruling, the Supreme Court is considering whether drug users should have their gun rights restored.

00:00 – Drug Users to Get their Gun Rights Back?
00:30 – Background of the Case
02:12 – Constitutional Rights vs. Public Safety Concerns
02:51 – Government Favors More Gun Control
04:06 – Defendant Argues in Favor of Constitution
05:04 – What Happens Next?

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Should drug users have the right to keep and bear arms? Let me ask you though. Have you ever used an illegal drug?

Let me be clearer. Have you ever used a controlled substance in an unlawful manner? Taken a prescription pill other than exactly as prescribed? Used marijuana in a state that has legalized recreational use?

If you did, then your 2nd Amendment Rights were suspended, and it was thereafter illegal for you to be in possession of a firearm. However, that could be changing soon because that’s exactly what the U.S. Supreme Court is currently deciding.

Background of the Case

Patrick Darnell Daniels Jr. was pulled over by police. The police found 2 firearms and some marijuana in his vehicle, so he was arrested. You might be wondering how much marijuana this kingpin had in his possession? He had less than half a gram. As a frame of reference, 1 raisin weighs approximately half a gram.

Unfortunately, during questioning, he then admitted to using marijuana about 14 days out of the month.

There was no evidence that he was under the influence at the time of the arrest, and no evidence as to when the last time that he’d used.
However, he did say that he hadn’t used for some period of time because he was broke.

He was convicted after a jury trial, and then sentenced to nearly four years in prison and three years of supervised release. He was ALSO permanently banned from ever owning a firearm again for the rest of his life.

He then immediately appealed the conviction to the 5th Circuit Court of Appeals. The 5th Circuit Court actually granted the appeal and overturned the conviction.

If you recall, the 5th Circuit Court of Appeals is the same Court who recently determined that it is unconstitutional to prohibit domestic abusers from possessing firearms.

Why is that such a big deal? Well, this wasn’t some ultra-liberal west coast or New York Court of Appeals. The 5th Circuit Court of Appeals is one of the MOST conservative appellate Courts in the Country, which establishes controlling caselaw for Texas, Louisiana, and Mississippi.

After a 2022 2nd Amendment Rights victory in the U.S. Supreme Court, we were provided a new, and very strict, framework in which gun control laws must be analyzed. Using this framework, the 5th Circuit considered the “historical tradition of firearm regulation” and found that this drug user gun control law was a violation of Daniels’ constitutional rights.

Constitutional Rights vs. Public Safety Concerns

At the heart of this debate is the question of whether prior drug use should automatically disqualify an individual from gun ownership. This issue is particularly controversial, considering changing societal attitudes towards drug use and rehabilitation.

People who support gun rights say that if someone used drugs but wasn't violent, they shouldn't lose their right to own a gun forever, especially for minor, dated, offenses. But those who are against this argue that we need to keep strict rules for owning guns to make sure everyone stays safe.

This case represents a crucial test in defining the boundaries of the Second Amendment, particularly as it pertains to individuals who use drugs and firearms, though not at the same time.

Government Favors More Gun Control

The government's argument emphasizes public safety concerns regarding allowing gun rights to individuals who use drugs. This argument is rooted in the belief that drug use can impair judgment and increase the risk of violent behavior, thus posing a threat to public safety if such individuals are allowed to possess firearms.

The government maintains that the restriction is a necessary measure to protect citizens and aligns with responsible gun control policies. This perspective upholds the federal laws as a critical tool in preventing potentially dangerous individuals from accessing firearms, arguing that such measures are in the best interest of the community's safety and wellbeing.

The government tries to overcome the “history and tradition” test (since drug use apparently wasn’t an issue at the time of the founding of the country) by arguing that drug users should be disarmed because there is a history of disarming people who are intoxicated.

The government even argues that this law is necessary to...

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