Court cases are funny things. Sometimes they come out with a decision that is clearly right. Other times, they give a decision which is clearly legislating from the bench (the political left’s favorite kind of decision). Still, others surprise you, make you step back, and wonder if that was a good idea or not.
Today’s story is about one of those last kinds of decisions.
Now, on a legal basis, I’m of a mind to think that it’s the right decision. I am, after all, an absolutist about the Second Amendment. From the practical side, though, it could have some… interesting… side effects. Zachary Stieber writes,
A man who regularly uses an illegal drug can still own guns, according to an Aug. 9 federal court ruling.
Patrick Daniels Jr. of Mississippi was convicted in 2022 of violating a federal law that bars people from possessing a gun if they use a controlled substance, or an illegal drug.
But the law clashes with new U.S. Supreme Court precedent, which has been upending laws across the country, lawyers for Mr. Daniels argued in an appeal. They said the clash means Mr. Daniels was unconstitutionally deprived of his rights under the U.S. Constitution’s Second Amendment.
The appeals court ruled in favor of Mr. Daniels, pointing to the Supreme Court’s 2022 ruling in a case involving a gun law in New York.
“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,” an appeals court panel concluded. “Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users.”
They overturned the conviction and dismissed the charge.
Now, I sincerely hope, for both his sake and the sake of everyone around him, that Daniels is sober and off of drugs, at this point. That would be best for everyone.
But if he isn’t, that could make for some potentially awkward and dangerous situations around him, none of which are good if they involve a firearm.
So, while I think that this was the right legal decision from the court, this decision is, yet, another reason that I think that you should train with your firearm and carry everyday. Because you don’t want to be without your firearm when a drug user pulls one on you while he’s sober or stoned.
