It’s been a rough few months for the Biden administration. And their troubles aren’t ending any time soon.
Because now Joe Biden is foaming at the mouth over this huge loss in federal court.
In many ways, constitutional rights in America have been under attack by the bureaucrats and Swamp creatures in Washington, D.C. who will sell out the rights of Americans to gain political power.
It happens on both sides of the political spectrum, but it most obviously happens way more frequently on the radical Left.
Today, the radical Left essentially hates the rights of free speech, free assembly, gun rights, the right to a fair trial, the right against unlawful warrantless searches, and many more rights that are guaranteed by the first ten amendments of the U.S. Constitution.
One issue they’ve been hard at work to chip away at for decades is the right to keep and bear arms, one that is supposed to be uninfringed by the federal government.
Sadly, it is in many ways infringed upon by both the federal government and certain extremely radical Democrat states like California, New York, Oregon, and more.
One of the ways this has happened is in choosing who is “eligible” to be a lawful gun owner. The gun-grabbers want you to believe that only law enforcement and maybe a select few Americans who go through months of bureaucratic red tape should be allowed to own weapons.
But that’s not what the Founding Fathers had in mind with the Second Amendment. That’s why it’s so clear.
Luckily, we’re starting to see gun rights get restored to millions of Americans. We have seen the U.S. Supreme Court strike down multiple unconstitutional laws from radical, blue states like California and New York.
Now a lower court is following in the footsteps of the U.S. Supreme Court’s newest precedence.
As the latest repercussions from the Supreme Court’s decision last year to expand gun rights, a federal appeals court declared on Wednesday that a decades-old regulation preventing users of illegal narcotics from having firearms was unconstitutional as applied to the case of a marijuana user.
According to a three-judge panel from the 5th U.S. Circuit Court of Appeals in New Orleans, a man from Mississippi had his Second Amendment right to “keep and bear arms” violated by the federal statute.
After a traffic check, police discovered a pistol, a semi-automatic rifle, and marijuana cigarette butts in the car of one Patrick Daniels, leading to his conviction under the law in question.
Despite Daniels’s admission that he occasionally used marijuana, which is illegal under U.S. law, the Drug Enforcement Administration did not conduct a drug test on him. He got almost four years in prison for his crime.
While his lawsuit was pending, in June 2022, the conservative-majority Supreme Court made history by ruling for the first time that the right to carry a pistol in public for self-defense is guaranteed by the Second Amendment.
A new standard for evaluating gun regulations was also introduced in the same case (New York State Rifle & Pistol Association v. Bruen), which held that any limits must be “consistent with this nation’s historical tradition of firearm regulation.”
Former Republican president and U.S. Circuit Judge Jerry Smith ruled that the statute was unconstitutional in its application to Daniels.
Sober citizens shouldn’t be disarmed just because of past drug use, he argued. “In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon,” he wrote.
For many Americans sick and tired of seeing the government get more and more involved in the lives of private American citizens, this is a huge win. It could still make it’s way to the U.S. Supreme Court, but it’s evident that they are likely to uphold the ruling of the appellate court.
Stay tuned to the Federalist Wire.