The Second Amendment Foundation has filed an amicus brief in a case which could upend prohibitions on firearms possession by people using intoxicants or controlled substances because such laws violate the right to keep and bear arms.
The case is known as United States v. Daniels. SAF filed the brief in response to the unusual request by a three-judge panel in the U.S. Fifth Circuit Court of Appeals following oral arguments, which were heard June 5. Because no amicus briefs had been filed, the panel invited briefs from amici curiae “who wish to supply relevant information regarding the history and tradition of restrictions on the use and possession of firearms as pertinent to the issues presented in this case. Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals.” Briefs were due by July 6.
“We’re not advocating for or against specific laws,” explained SAF Executive Director Adam Kraut, who is a practicing attorney. “The Fifth Circuit panel asked for briefs regarding any historical prohibitions, and our response is solely written to address that question. Long story short, we could not find any such historical gun regulations that essentially strip someone of their Second Amendment rights for life, because they may have been under the influence of, or impaired by, an intoxicating substance.”
As noted in the 31-page brief, “Having set the stage for the proper analytical framework, attention must be turned to this nation’s nonexistent history and tradition of disarming people who, at some undefined point, may have been intoxicated.” The brief was prepared and submitted by attorney Edward Andrew Paltzik at Bochner PLLC in New York.
“This case raises an important issue regarding the lifetime loss of Second Amendment rights,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “The Court requested amicus briefs regarding historic analogues, and we are happy to oblige.”
