4th Circuit Remands 2A Marijuana Case

[Fodder4Thought]

http://www.federalcriminalappealsbl...the-second-amendment-and-marijuana-users.html

Requires empirical data rather than 'common sense' arguments.

 

[Zombie_013]

http://www.federalcriminalappealsbl...the-second-amendment-and-marijuana-users.html

Requires empirical data rather than 'common sense' arguments.

When the government found out about his guns and his marijuana habit, they charged him violating section 922(g)(3).

Regarding the statement above - how did the government find out about his marijuana habit? I am assuming he obtained the weapon legally and then later was caught with marijuana?

 

[RobMoore]

Subscribing

 

[krucam]

Good. I'm not going to get into the whole Pot & guns debate. I truly don't care.

What I DO like is the 4th's telling the District to show proof/cite over their claims that a law deserves to stay in existence. With our new Fundamental Right, the State's interest is going to have to be spelled out a little better.

"Common Sense" gun laws ain't gonna cut it anymore, thankfully.

US v. Carter OPINION.

n developing its record in this case, the government has chosen not to rely on academic research or other empirical data to demonstrate the connection between drug use and gun violence, even though such evidence is abundantly available

the court of appeals noted that​

the government still bears the burden of showing that § 922(g)(3)'s limited imposition on Second Amendment rights proportionately advances the goal of preventing gun violence. And we conclude that in this case, the record it made is insufficient. Without pointing to any study, empirical data, or legislative findings, it merely argued to the district court that the fit was a matter of common sense.

This appeal to common sense, the Fourth Circuit determined, was not sufficient.

Bravo. Smoke 'em if you got 'em....

 

[Hopalong]

What I DO like is the 4th's telling the District to show proof/cite over their claims that a law deserves to stay in existence. With our new Fundamental Right, the State's interest is going to have to be spelled out a little better.

"Common Sense" gun laws ain't gonna cut it anymore, thankfully.

Rulings like this can only help us in the future, regardless of associated circumstances (in this case, the marijuana possession). Good stuff.

 

[MDFF2008]

Anything that happens in the 4th circuit is especially important for Marylanders.

 

[Dogabutila]

I like this. It's just too bad people don't read keep and bear together.

 

[Inigoes]

I like this. It's just too bad people Judges don't read keep and bear together.

Fixed it for you

 

[Dogabutila]

touche.

 

[press1280]

Anything that happens in the 4th circuit is especially important for Marylanders.

And if the logic of Chester and now Carter is followed in the 4th Circuit, then a carry permit case involving a law-abiding citizen like Wollard should have a good chance, whenever it actually gets there.

 

[krucam]

And if the logic of Chester and now Carter is followed in the 4th Circuit, then a carry permit case involving a law-abiding citizen like Wollard should have a good chance, whenever it actually gets there.

Agreed. Woollard will not likely be a SCOTUS-targeted case IMHO. It goes no farther than Richmond and the 4th, where we have plenty of transitional (intermediate vs strict) scrutiny cases already waiting.

Judge Legg was well-read on Chester and Masciandaro's rulings. Getting off-track, but that bodes well in Woollard. This one can only help....if not in District, then at the trip to CA4 which will likely happen, win or lose at District.

Just my .02 worth...

 

[press1280]

Agreed. Woollard will not likely be a SCOTUS-targeted case IMHO. It goes no farther than Richmond and the 4th, where we have plenty of transitional (intermediate vs strict) scrutiny cases already waiting.

Judge Legg was well-read on Chester and Masciandaro's rulings. Getting off-track, but that bodes well in Woollard. This one can only help....if not in District, then at the trip to CA4 which will likely happen, win or lose at District.

Just my .02 worth...

Although we still have "only in the home", it is notable the judges have pointed out that CA4 has ducked a 2A analysis on three separate occassions.