Big Supreme Court case just dropped in favor of the Second Amendment

[tvc184]

The case of US v. Hemani was released today dealing with current federal law on the use of prohibited substances (even if not convicted of a crime), making such use a felony under federal law. It puts an illegal drug user, in this case, marijuana, in the same category as a convicted felon. Any possession of a firearm as a user of an illegal substance makes you a felon.

In this case, Mr. Hemani from Texas was found to possess firearms in his home and also marijuana. He was arrested and convicted under federal law for being the user of an illegal substance, even though he had not been convicted of such a crime. They made possession of marijuana in his house with the firearms and his admission that he used marijuana about every other day, to convict him as a felon.

Hemani appeal to the Fifth Circuit Court of appeals in New Orleans, who ruled against the federal law. Mere use of an illegal substance does not make a person an automatic danger to the public.

The Supreme Court left open the possibility of a felony if the user was could be proven to be a danger due to an addiction instead of mere use of an illegal substance. We can all imagine a crack cocaine user who is looking to rob stores or people on the street or break into homes to support his habit.

The decision pointed out that the right to keep it bear arm was a fundamental right of all Americans, unless the government could show a compelling reason to take away that right such as a danger to the public. They ruled that it was presumed to be lawful to keep and bear arms with the burden on the government to prove the person was an addict and danger.

But what was the vote count between the right and left wings of the Court?

9-0

Yep, the federal law making the mere use of an illegal substance a felony to possess a firearm was just removed by the Supreme Court in a unanimous decision. 

[baddog]

2 minutes ago, tvc184 said:

The case of US v. Hemani was released today dealing with current federal law on the use of prohibited substances (even if not convicted of a crime), making such use a felony under federal law. It puts an illegal drug user, in this case, marijuana, in the same category as a convicted felon. Any possession of a firearm as a user of an illegal substance makes you a felon.

In this case, Mr. Hemani from Texas was found to possess firearms in his home and also marijuana. He was arrested and convicted under federal law for being the user of an illegal substance, even though he had not been convicted of such a crime. They made possession of marijuana in his house with the firearms and his admission that he used marijuana about every other day, to convict him as a felon.

Hemani appeal to the Fifth Circuit Court of appeals in New Orleans, who ruled against the federal law. Mere use of an illegal substance does not make a person an automatic danger to the public.

The Supreme Court left open the possibility of a felony if the user was could be proven to be a danger due to an addiction instead of mere use of an illegal substance. We can all imagine a crack cocaine user who is looking to rob stores or people on the street or break into homes to support his habit.

The decision pointed out that the right to keep it bear arm was a fundamental right of all Americans, unless the government could show a compelling reason to take away that right such as a danger to the public. They ruled that it was presumed to be lawful to keep and bear arms with the burden on the government to prove the person was an addict and danger.

But what was the vote count between the right and left wings of the Court?

9-0

Yep, the federal law making the mere use of an illegal substance a felony to possess a firearm was just removed by the Supreme Court in a unanimous decision. 

 I think it is a good ruling. Hunter should be ecstatic.