Please ensure Javascript is enabled for purposes of website accessibility
Appeals Court Rules Against Longstanding Drug User Gun Ban Cited in Hunter Biden Case
gvw_ap_news
By Associated Press
Published 1 year ago on
August 11, 2023

Share

WASHINGTON — A federal appeals court has ruled that drug users shouldn’t automatically be banned from having guns, marking the latest sign of upheaval in the nation’s firearm legal landscape and raising questions about a law cited in the case against Hunter Biden.

The opinion overturns the conviction of a Mississippi man, Patrick D. Daniels of Gulfport, who had two guns found in his car during a traffic stop last year and acknowledged using marijuana regularly but wasn’t accused of driving under the influence.

The appeals court cited the 2022 U.S. Supreme Court decision known as New York State Rifle & Pistol Association v. Bruen, which said gun laws must have strong historical roots — a finding that led to challenges of many of the nation’s gun laws.

“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,” the three-judge panel for the Fifth Circuit Court of Appeals in New Orleans wrote in Wednesday’s ruling.

Central Role in Hunter Biden Prosecution

The ruling raises questions about the future of the law, which also had a central role in the proposed plea deal for Hunter Biden, the president’s son.

Hunter Biden had been expected to acknowledge that he had a gun during a period when he was addicted to drugs but avoid prosecution on the count if he stayed out of trouble. The deal, which was roundly criticized by Republicans, also called for two guilty pleas on misdemeanor tax charges. But the future of the agreement is unclear after a judge raised concerns about it last month.

The Fifth Circuit is now the highest court to consider the law since the Bruen decision was handed down — and its ruling will likely be cited in other similar cases around the U.S., said Jake Charles, a law professor at Pepperdine Caruso School of Law who studies the Second Amendment.

“As the first federal court appeals ruling on this provision, it’ll be persuasive and influential to other circuits and other district courts who are reviewing these kind of challenges,” he said.

Still, judges outside the Fifth Circuit region of Louisiana, Mississippi and Texas, aren’t bound by the ruling. Since Biden’s case was filed in Delaware it’s not expected to have an immediate impact on the case.

The ruling also acknowledges more than a dozen other times that lower-court judges have upheld the ban on “unlawful users” of controlled substances having guns since the Bruen case, though judges in some other cases have agreed that it doesn’t stand up under Bruen.

The appeals court called the opinion relatively narrow in applying to cases similar to the Mississippi case and, overall, the law is rarely used in cases without another crime involved.

The Justice Department declined to comment on whether the ruling would be appealed. Attorneys for Daniels and Biden did not immediately return messages seeking comment.

The ruling comes in a tumultuous legal landscape for U.S. firearm law. Judges also have struck down federal laws barring people from having guns if they have been charged with serious crimes and called into question the prohibition on licensed federal firearms dealers selling handguns to young adults under 21 and Delaware’s ban on the possession of homemade “ghost guns.”

The Fifth Circuit, moreover, also ruled in February that the government can’t stop people who have domestic violence restraining orders against them from owning guns. The Supreme Court has agreed to hear the Biden administration’s appeal in that case.

RELATED TOPICS:

DON'T MISS

Trump Administration Directs All Federal Diversity, Equity and Inclusion Staff Be Put on Leave

DON'T MISS

Baseball’s Newest Hall of Famers: Suzuki, Sabathia, Wagner

DON'T MISS

‘Once in a Lifetime’ Snow Hits Parts of the US South

DON'T MISS

Trump Temporarily Halts Leasing and Permitting for Wind Energy Projects

DON'T MISS

Fresno Man Who Dealt Deadly Fentanyl Pill Gets 80-Month Prison Term

DON'T MISS

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

DON'T MISS

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

DON'T MISS

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

DON'T MISS

Convicted Jan. 6 Rioter Benjamin Martin Still Going to Prison

DON'T MISS

Is Lawsuit on Planned Reedley Job Center a ‘Shakedown’?

UP NEXT

‘Once in a Lifetime’ Snow Hits Parts of the US South

UP NEXT

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

UP NEXT

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

UP NEXT

A Heavy Favorite Emerges in the Race to Lead the Democratic Party

UP NEXT

22 States Sue to Stop Trump’s Birthright Citizenship Order

UP NEXT

Trump Orders to Roll Back Transgender Protections and End DEI Programs

UP NEXT

Trump’s First Full Day Back in White House Includes Firings and an Infrastructure Announcement

UP NEXT

Trump Signed an Order to End Birthright Citizenship. What Is It and What Does That Mean?

UP NEXT

Migrants Stranded When Thousands of Appointments to Enter the US Are Canceled

UP NEXT

Billionaires, Tech Titans, Presidents: A Guide to Who Stood Where at Trump’s Inauguration

Trump Temporarily Halts Leasing and Permitting for Wind Energy Projects

10 hours ago

Fresno Man Who Dealt Deadly Fentanyl Pill Gets 80-Month Prison Term

10 hours ago

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

10 hours ago

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

10 hours ago

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

11 hours ago

Convicted Jan. 6 Rioter Benjamin Martin Still Going to Prison

11 hours ago

Is Lawsuit on Planned Reedley Job Center a ‘Shakedown’?

11 hours ago

Much of the Damage from the LA Fires Could Have Been Averted

13 hours ago

CA Sued the Tar Out of Trump the First Time Around. How Did It Do?

13 hours ago

Israel’s Top General Resigns over Oct. 7 Failures, Adding to Pressure on Netanyahu

14 hours ago

Trump Administration Directs All Federal Diversity, Equity and Inclusion Staff Be Put on Leave

WASHINGTON — President Donald Trump’s administration is directing that all federal diversity, equity and inclusion staff be put on pai...

7 hours ago

President Donald Trump signs an executive order as he attends an indoor Presidential Inauguration parade event at Capital One Arena, Monday, Jan. 20, 2025, in Washington. (AP/Evan Vucci)
7 hours ago

Trump Administration Directs All Federal Diversity, Equity and Inclusion Staff Be Put on Leave

Ichiro Suzuki in Yankee Pinstripes
9 hours ago

Baseball’s Newest Hall of Famers: Suzuki, Sabathia, Wagner

People walk past the 1900 Storm memorial sculpture on Seawall Blvd. during an icy winter storm on Tuesday, Jan. 21, 2025 in Galveston, Texas. (Brett Coomer/Houston Chronicle via AP)
10 hours ago

‘Once in a Lifetime’ Snow Hits Parts of the US South

The five turbines of Block Island Wind Farm operate, Dec. 7, 2023, off the coast of Block Island, R.I., during a tour organized by Orsted. (AP File)
10 hours ago

Trump Temporarily Halts Leasing and Permitting for Wind Energy Projects

Photo of Mexican Oxy, fentanyl laced blue pills
10 hours ago

Fresno Man Who Dealt Deadly Fentanyl Pill Gets 80-Month Prison Term

President Donald Trump talks about the Endurance all-electric pickup truck, made in Lordstown, Ohio, at the White House, Sept. 28, 2020, in Washington. (AP File)
10 hours ago

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

A Border Patrol truck rides along the border wall in Sunland Park, N.M., Tuesday, Jan. 21, 2025. (AP/Andres Leighton)
10 hours ago

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

Police are investigating after a man was found shot near a Visalia shopping center and transported to Kaweah Health.
11 hours ago

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

Help continue the work that gets you the news that matters most.

Search

Send this to a friend