Prohibition against drug users ruled unconstitutional

[cycleguy2300]

"If a felon or addict is so dangerous as to not be allowed basic tools to defend themselves, they shouldnt be in society"

If they can't defend themselves and should be removed from society, sounds like self-correcting problem

Felon is possession and addict purchasing are both purely administrative crimes. Both are truly victimless crimes that exist because part of the government was able to scare other part of the government into banning gun possession for people few would defend.

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[cycleguy2300]

Wow, we have two druggies trying to justify their addiction.
There are always a few in every crowd.

How often do you have a beer or cup of coffee. I bet you could stop anytime you wanted though...



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[jrbfishn]

Caffeine.

I LOVE THAT STUFF!!!!!!

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[Vaquero]

I LOVE THAT STUFF!!!!!!

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Most of us do.
We're docile with an appropriate dose.
Mean as f*** without.
That's my point.

 

[toddnjoyce]

Not to bring facts to this, but I seem to recall a similar ruling was released earlier this year. An indictment for was tossed by a federal court in Oklahoma.

Moving on, it seems the Fifth Circuit was very clear on p.29 of the ruling that, “We do not invalidate the statute in all its applications, but, importantly, only as applied to Daniels. Nor do we suggest that a robust Second Amendment is incompatible with other reasonable gun regulations.”

USA v. Daniels, No. 22-60596 (5th Cir. 2023)

Title 18 U.S.C. Section 922(g)(3) bars an individual from possessing a firearm if he is an “unlawful user” of a controlled substance. Patrick Daniels is one such “unlawful user”—he admitted to smoking marihuana multiple days per month. But the government presented no evidence that he was...

law.justia.com

This ruling applies specifically to one person and 18 USC 922(g)(3) is still the law of the land.

The relevant portion is from 18 USC 922(g).

(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));

Going over to 21 USC 802, the relevant definitioms are

As used in this subchapter:
(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.
…
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
…

User is undefined, so plain language definitions apply.

 

[Renegade]

Not to bring facts to this, but I seem to recall a similar ruling was released earlier this year. An indictment for was tossed by a federal court in Oklahoma.

Moving on, it seems the Fifth Circuit was very clear on p.29 of the ruling that, “We do not invalidate the statute in all its applications, but, importantly, only as applied to Daniels. Nor do we suggest that a robust Second Amendment is incompatible with other reasonable gun regulations.

This ruling applies specifically to one person and 18 USC 922(g)(3) is still the law of the land.

The statute is TItle I of the 1968 Gun Control Act. They are not invaliding that. Just the portion that was applied to Daniels, which was g3.

 

[toddnjoyce]

The statute is TItle I of the 1968 Gun Control Act. They are not invaliding that. Just the portion that was applied to Daniels, which was g3.

And solely to Daniels, not a blanket repeal.

 

[Renegade]

And solely to Daniels, not a blanket repeal.

"§ 922(g)(3) fails constitutional muster under the Second Amendment"

We do not invalidate the statute in all its applications, but, importantly, only as applied to Daniels

The judgment of conviction is therefore REVERSED, and a judgment dismissing the indictment is RENDERED

Bound by this interpretative sequence, we hold today that 18 U.S.C. § 922(g)(3), a decades-old felony provision of our federal firearms law, is unconstitutional as applied to Mr. Daniels

When they say "as applied", they are pointing to the fact Daniels was not shown to be under the influence when arrested. Applying the law to someone who is shown to be under the influence is a different case, not currently before court, so they did not go there.

Three judge rule, so not even close over.

eta some edits to clarify

 

[cycleguy2300]

But it isn't illegal, and isn't mind altering like a major narcotic.
I've never seen, or heard of someone ODing snuff, or running around naked on the street.
Never seen someone arrested for trafficking amounts of cigars.
Post references if you have.
Holly snit shelock, and you accuse me of being a leftist straw man.
You have the makings of a great adolescent debater.

Nicotine Poisoning: Symptoms, Causes, Treatment & Prevention

Nicotine poisoning is the result of having too much nicotine in your body. Nicotine is in all tobacco products and as a liquid refill for e-cigarettes.

my.clevelandclinic.org

What are the signs and symptoms of nicotine poisoning?

Nicotine poisoning can occur in two stages: early phase and late phase.

Early phase symptoms after ingestion include:

Nausea and vomiting. Vomiting occurs in more than 50% of people with symptoms.

Increased salivation.

Abdominal pain.

Pale skin color.

Sweating.

Increased blood pressure.

Increased heart rate.

Rapid, heavy breathing (hyperpnea).

Loss of full control of body movements (ataxia), loss of balance, difficulty walking.

Tremors.

Headache, dizziness.

Muscle twitching.

Seizures.

Late phase symptoms include:

Diarrhea.

Low blood pressure (hypotension) and slow heart rate (bradycardia).

Abnormal heart rhythms.

Shock.

Coma.

Muscle weakness/paralysis.

Shallow breathing, difficulty breathing, respiratory failure.

How quickly does nicotine poisoning happen?

The early phase occurs within 15 minutes to one hour. Vomiting is the most common symptom of nicotine poisoning. The late phase occurs within 30 minutes to four hours.

How long do nicotine poisoning symptoms last?

Symptoms can last one to two hours if you’ve had mild exposure. If you’ve had severe exposure, symptoms can last up to 18 to 24 hours after exposure. Death can occur within one hour after severe exposure.



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[Gordo]

Oh give me a break...
You can OD on sugar, salt, and jalapeno potato chips.
Funny snit here.

 

[Maverick44]

Oh give me a break...

A smoke break?

 

[baboon]

Oh give me a break...
You can OD on sugar, salt, and jalapeno potato chips.
Funny snit here.

Oded On Life Itself

 

[Gordo]

A smoke break?

Only if I go and pick up a chunk of beef...

 

[Hoji]

Oh give me a break...
You can OD on sugar, salt, and jalapeno potato chips.
Funny snit here.

Straw man extraordinaire right here.

 

[Gordo]

Think I will have some fast food for 'On Patrol Live' tonight, even though I think the show has went down hill after the STARZ move.

 

[MountainGirl]

How long do nicotine poisoning symptoms last?

Depends on how long Dad keeps you behind the barn finishing that cigar you stole...

 

[festering]

Wow, we have two druggies trying to justify their addiction.
There are always a few in every crowd.

Seems to me they are addicted to freedom, not drugs.

 

[Gordo]

For bad guys....

 

[Maverick44]

For bad guys....

For everyone. If you're not sitting in a prison or a mental asylum, you should have no restrictions on your rights. If you are too dangerous to have those rights, you are too dangerous to be out on the streets period.

 

[Gordo]

You can say that with a strait face when our supreme leaders are dumping convicts out onto the street for what ever reason?