XPost: law.court.federal, alt.politics.usa.constitution, alt.drugs.abuse   
   XPost: alt.fan.rush-limbaugh, talk.politics.guns, sac.politics   
   From: democrat-criminals@mail.house.gov   
      
   https://news.yahoo.com/federal-appeals-court-strikes-down-224938624.html   
      
   A federal appeals court on Wednesday struck down a decades-old law barring   
   users of illegal drugs from possessing firearms – the latest blow to US   
   gun regulations after the Supreme Court cleared the way last year for   
   courts to reexamine the nation’s gun laws under a new legal standard.   
      
   In a unanimous judgement from a three-judge panel at the New Orleans-based   
   appeals court, the court said the 1968 law is unconstitutional, citing a   
   landmark 2022 Supreme Court decision that changes the framework that lower   
   courts must use when analyzing gun restrictions.   
      
   “In short, our 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,”   
   Circuit Judge Jerry Smith, a Ronald Reagan appointee, wrote for the panel.   
   “Nor do more generalized traditions of disarming dangerous persons support   
   this restriction on nonviolent drug users.”   
      
   The ruling means that the man who brought the challenge to the regulation,   
   Patrick Daniels, will have his July 2022 conviction under the law thrown   
   out. Daniels had been sentenced to nearly four years in prison and three   
   years of probation.   
      
   “As applied to Daniels, then, (the federal gun law) violates the Second   
   Amendment,” Smith wrote.   
      
   Daniels had been arrested in April 2022 after law enforcement officers   
   searched his car during a stop and found marijuana butts and two loaded   
   firearms. The officers did not administer a drug test the night of the   
   stop, but Daniels admitted that he was a frequent user of marijuana.   
      
   The judgment also means that other defendants convicted under the law   
   within the 5th Circuit Court of Appeals’ jurisdiction could seek to   
   challenge their convictions under the new ruling. The circuit covers   
   Louisiana, Texas and Mississippi.   
      
   The statute examined by the 5th Circuit was one of the laws that federal   
   prosecutors alleged Hunter Biden violated with a gun purchase in 2018. The   
   Justice Department made the allegation as part of a proposed deal with the   
   president’s son that also covered certain alleged tax crimes, but the   
   agreement is now being scrutinized by a federal judge in Delaware. Biden   
   has pleaded not guilty.   
      
   The Justice Department declined to comment on the ruling.   
      
   This story has been updated with additional details.   
      
   CNN’s Tierney Sneed contributed to this report.   
      
   For more CNN news and newsletters create an account at CNN.com   
      
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   We live in a time where intelligent people are being silenced so that   
   stupid people won't be offended.   
      
   Durham Report: The FBI has an integrity problem.  It has none.   
      
   No collusion - Special Counsel Robert Swan Mueller III, March 2019.   
   Officially made Nancy Pelosi a two-time impeachment loser.   
      
   Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden   
   fiasco, President Trump.   
      
   Under Barack Obama's leadership, the United States of America became the   
   The World According To Garp.  Obama sold out heterosexuals for Hollywood   
   queer liberal democrat donors.   
      
   President Trump boosted the economy, reduced illegal invasions, appointed   
   dozens of judges and three SCOTUS justices.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)