BIG Federal Gun Control Law STRUCK DOWN! Supreme Court? USA v Daniels, 5th Circuit Court of Appeals

Guns and Drugs: they don't get along, at least under the law. 18 U.S.C. § 922(g)(3) makes it illegal for any person “who is an unlawful user of or addicted to any controlled substance . . . to . . . possess . . . any firearm.” An “unlawful user” is someone who uses illegal drugs regularly and in some temporal proximity to the gun possession.Show more

In this video we will be analyzing USA v. Daniels in the 5th Circuit Court of Appeals.
In April 2022, two law enforcement officers pulled Daniels over for driving without a license plate. One of the officers—an agent with the Drug Enforcement Administration (“DEA”)—approached the vehicle and recognized the smell of marijuana. He searched the cabin and found several marijuana cigarette butts in the ashtray. In addition to the drugs, the officers found two loaded firearms: a 9mm pistol and a semi-automatic rifle. Daniels was taken into custody and transported to the local DEA office. At no point that night did the DEA administer a drug test or ask Daniels whether he was under the influence; nor did the officers note or testify that he appeared intoxicated. But after Daniels was Mirandized at the station, he admitted that he had smoked marijuana since high school and was still a regular user. When asked how often he smoked, he confirmed he used marijuana “approximately fourteen days out of a month.” p. 2-3 of decision

Link to USA v. Daniels
http://www.ca5.uscourts.gov/opinions/pub/22/22-60596-CR0.pdf

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Contents of this video:

0:00 - Intro
0:36 - Title 18 U.S.C
1:33 - Bruen Test Explanation
3:26 - Two Conceptual Pathways
4:49 - American History: Guns & Intoxicating Substances
6:03 - Facts of the Case
7:40 - Two Big legal Issues
8:05 - Three Levels of Federal Courts
9:17 - The People
11:22 - Historical Analysis
14:37 - Takeaways
16:38 - Quote of the Day

Attorney Tom Grieve is a former state criminal prosecutor from Wisconsin before eventually founding what is now the state's largest criminal defense firm at more than 20 attorneys. In 2019 the firm expanded into family law and added a dedicated team of professionals to further serve clients with similar aggressive and proven strategies.

Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.

In addition to speaking engagements, Tom has also contributed to the national conversation in writing on emerging legal topics and has been published in Conceal Carry Magazine and elsewhere on multiple occasions. He also edited the book and contributed legal input on various other publications, including the "Wisconsin Guide for Armed Citizens" on behalf of the National Association of Certified Firearm Instructors.

Tom Grieve is recognized among the top Wisconsin and Milwaukee area lawyers. Recently named once again as a top Wisconsin criminal defense attorney, Tom was inducted into the “Wisconsin Rising Star” category by Super Lawyers (a nationally acclaimed attorney rating organization). He was also chosen as a "Top 100 Trial Lawyers" in Wisconsin by the National Trial Lawyers Association. Tom was also chosen for the "Top Attorneys of Wisconsin" by both Milwaukee Magazine and Madison Magazine.

To learn more, check out his law firm's website a www.GrieveLaw.com

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems. This video is for educational purposes only and any clips or images shown are under fair use.