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On Wednesday, a unanimous 3-judge panel of the Fifth Circuit affirmed a Texas District Court’s decision that a challenge that the application of a federal gun law that prohibits gun possession by an unlawful user of a controlled substance is unconstitutional under the 2nd Amendment. The Fifth Circuit ruled that the history and tradition of the 2nd Amendment does not support “disarming a sober person based solely on past substance usage” or that “generalized traditions of disarming ‘dangerous’ persons apply to nonviolent, occasional drug users when of sound mind.”
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