DISGUSTING what PROSECUTORS Argue: Judge Strikes Down Ban THC+Firearms

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18 USC 922(g)(3) outlaws the possession of a firearm if you are a user of or addicted to any controlled substance, schedule I-V. This most notably includes THC, which is lawful for medical use in 37 states, recreational use in 21 states, and remains criminalized in only 11 states.

US v Harrison, Western District ct of Oklahoma

Legal discussion topics:
1. Bruen: “law abiding citizen”
2. Who bears burden of proof that laws are part of historical tradition or not
3. Government argues tradition of keeping “presumptively risky” people like felons and mentally ill from possession, should extend to THC because it is “unvirtuous”

18 USC 922(g)(3)
(g)It shall be unlawful for any person—
(3)who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Addict definition comes from 21 USC 802
(1)The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.

Section 922(g)(3) does not have deep roots; it wasn’t enacted by Congress until the Gun Control Act of 1968.5 The statute initially prohibited any individual who was “an unlawful user of or addicted to marihuana or any depressant or stimulant drug . . . or narcotic drug” from receiving a firearm,6 but it was amended in 1986 to broadly prohibit the receipt or possession of a firearm by any person who “is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”7 In its modern form, § 922(g)(3) thus strips a person of their fundamental right to possess a firearm the instant the person becomes an “unlawful user” of marijuana. And in the United States’ view, all users of marijuana are “unlawful users.”

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. Be an adult. If you want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Link for Court Ruling in US . Harrison
https://tinyurl.com/4wfcp3az

Link to attorney Tom Grieve's brief bio
https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

#2ndamendment #courts #law