Summary
Transcript
So, here we go. The first of this video is brought to you by Hidden Hybrid Holsters, handmade holsters right over in Ohio. They’re the most comfortable I’ve worn, which is why I’m wearing it today as well. I’m using it to conceal my staccato. And use the drop-down menus, dial it in for your carry, and carry all day comfortably, which is key. Head on over to hiddenhybridholsters.com and tell them I sent you. Let’s get on to this case real quick. A federal judge in El Paso has ruled that the United States government’s ban on fire ownership for habitual users of that green leafy matter is unconstitutional as applied in the specific case.
The defendant who had previously pleaded guilty to the charge was allowed to withdraw his plea, and the indictment against him was dismissed, because the law has kind of changed recently. Now, the ruling did not broadly declare that 18 U.S.C. 922 G3, the law barring green leafy usage by people from owning guns, didn’t say it was unconstitutional. Instead, it found that the government failed to prove the law aligns with historical firearm regulations, which is also key. The judge noted that there was no evidence that the defendant was under the influence of this substance at the time of the incident, which is a big problem.
A senior U.S. District Court Judge David Briones highlighted recent legal developments surrounding this substance and Second Amendment rights, notably the Fifth Circuit Court of Appeals in the U.S. v. Daniels case, where they ruled that disarming a sober individual based on past substance use is unconstitutional. This precedent influenced Briones’ decision. The case originated from a 2021 incident in which the El Paso police discovered this substance and firearms in the defendant’s home. The defendant admitted to regular usage of the substance, but challenged the constitutionality of the firearm ban. After his appeal in the Fifth Circuit, the case was remanded to the District Court, which reconsidered the matter in light of recent rulings, Bruin, Rahimi, and the rest.
In response to the challenge, the Department of Justice argued that illegal drug users are not covered by the Second Amendment because they are not law-abiding citizens. The court disagreed, citing the Daniels ruling, which states that the people in the Bill of Rights refers to all members of the political community, not just certain groups. The court concluded the government failed to provide historical evidence justifying this restriction. The court emphasized the absence of proof that the defendant was intoxicated by this leafy substance during the incident, stating that the government’s arguments relied solely on his admission of past usage.
Well, that wasn’t going to work. The ruling also pointed to the Fifth Circuit’s reasoning that the law imposes an excessive burden on Second Amendment rights without historical support. While the decision resulted in the withdrawal of the defendant’s guilty plea and the dismissal of the charges, it does not set a binding precedent for other courts at this time. However, it reflects a growing judicial shift in how the Second Amendment cases are approached. This case is part of a broader legal debate on firearm restrictions for users of this green, leafy vegetable-like material. The Department of Justice has argued in multiple cases that the prohibition is consistent with historical laws disarming dangerous individuals.
Critics contend the ban unfairly targets users of this substance without evidence of immediate danger or due process. Other cases, such as a Pennsylvania lawsuit by a district attorney and appeals in various federal courts, continue to challenge the constitutionality of this firearm restriction. The Department of Justice has maintained that this substance and users of it pose public safety risks, including increased likelihood of improper firearm storage, suicide, or crime. At the state level, efforts to address the issues vary. Pennsylvania lawmakers recently proposed a bill to protect medical users of this substance and their gun rights, while Kentucky’s new medical program has prompted warnings by the ATF, which I told you about in this video floating above.
These ongoing cases and legislative actions demonstrate the evolving tensions between federal firearm regulations and state laws around this green, leafy-type vegetable substance, as well as Second Amendment rights. Now, I have to say that even though, like, I don’t know, I don’t know the number really off the top of my head, I think it’s like 30, high 30s of states that have okayed or decriminalized usage of this item, uh, it is still federally prohibited, which is why the DOJ is digging their heels in on this. And I have a question for y’all.
First off, if you think the DOJ is unconstitutional in and of itself and the ATF is unconstitutional, hit that subscribe button down below, like the video, share it. You two is playing crazy, crazy games. But if you, this is more of a statement that I want to see if you agree with me or not. Under current law, it’s okay for me to hit the paki, that’s New England slang, the package store, the liquor store, pick up a 30-rack and just pound them while I have my item concealed. But if I ever used a green, leafy-type substance ever in my life, I am prohibited forever.
But I can just, I can have 13 old fashions and two Manhattans and I’m not. So let me know what you think about that. That’s just something I want to hear where you lie on, on this issue. I do think that eventually something’s going to have to give. Either the feds are going to have to change the prohibition or the law is going to have to change. But either way, right now, they both can’t exist the way things are going because there is no restriction in the constitution for this. Our forefathers used everything they wanted whenever they wanted because they had the ultimate freedom and liberty.
And there is no historical tradition of firearm regulation that has to do with green, leafy, vegetable-like material. There isn’t. No matter how much you personally are against it or no matter how much you personally are for it, the facts remain the same. Let me know what you think down below, guys and gals. I hope you have a phenomenal day. Check out hiddenhybridholsters.com and tell them I sent you. They make some really, really good stuff. I think I have like eight of their holsters now. So I have been a user long before they came on as a sponsor.
Appreciate you all. Have a great day. Take care. [tr:trw].