Texas3006 Forum

Bruen is just the gift that keeps on giving. Especially in the 5th Circuit, with Don Willet on the bench.

No matter how you feel about partaking in the jazz cabbage, it's undeniable that there is no historical precedent as required under Bruen to outlaw possession for a sober person.

Just as there was no historical justification for disarming a citizen of sound mind, there is no tradition that supports disarming a sober citizen who is not currently under an impairing influence.

https://reason.com/volokh/2023/08/09/fi ... hen-sober/

What about other drugs? LSD, Peyote, cocaine? Alcohol? The word I guess is sober. In any event, MJ is illegal federally and until that changes there can always be prosecution on the federal level. With so many states making it "legal" perhaps the feds should too. Perhaps.

rotor wrote: ↑Thu Aug 10, 2023 8:31 pm What about other drugs? LSD, Peyote, cocaine? Alcohol? The word I guess is sober. In any event, MJ is illegal federally and until that changes there can always be prosecution on the federal level. With so many states making it "legal" perhaps the feds should too. Perhaps.

The key word is "scheduled substance". Those aren't in the law; it's an executive function, and the President can order a change.

If you take a Vicodin prescribed to your spouse, you're a federally prohibited person. If you have a couple of old pain pills prescribed for one purpose, but the prescription has expired and you take them for a different ailment, you're a prohibited person.

This was a good ruling.

FYI, peyote and LSD are schedule 1 and cocaine is schedule 2. They are scheduled substances. I really don't want someone on LSD carrying a gun. If they want to fly off a building and hit the sidewalk without hurting anyone else that's okay with me. Hallucinating with a gun in hand might be a good legal defense but sounds like a dangerous encounter. Sober is what counts.

rotor wrote: ↑Fri Aug 18, 2023 1:55 pm Sober is what counts.

That was the point of the ruling. We don't criminalize gun possession because someone got drunk two weeks ago.