Published on: Monday, August 14, 2023

Title 18 U.S.C. ยง 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance." Man is pulled over for driving without a license plate. Officers, one of whom is DEA, find guns and marihuana cigarette butts. He's sentenced to nearly four years in prison (and three years of supervised release) for being an "unlawful user" of a controlled substance while possessing a gun. Fifth Circuit: Conviction reversed. The gov't didn't show he was high at the time he was stopped. "[O]ur 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."

The case is United States v. Daniels, No. 22-60596, (5th Cir. Aug. 9, 2023).