Under a federal statute known as 18 U.S.C. § 922, anyone who is an"unlawful user of or addicted to any controlled substance," including marijuana, can be banned from possessing a gun and face up to 10 years in prison for violating the law.The decision only affects Texas, Louisiana, and Mississippi but means the man who brought the challenge, Patrick Daniels, will have his July 2022 conviction under the law tossed out.
The federal statute applied not only when a person is intoxicated but also when they are sober and in possession of a controlled substance. The high court's decision over the domestic violence statute in the case U.S. v. Rahimi will likely affect the result of this case, according to Higginson, who agreed on the outcome of the decision in Daniels on Wednesday but expressed distaste with the scope of the Bruen test.
"Already, as courts work through the impact of Bruen, defendants guilty of a gun crime in one jurisdiction are presently innocent of it in another," the judge continued.
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