The Supreme Court declined to hear the DOJ’s appeal in United States v. Hembree, so the Fifth Circuit’s ruling stands.
Charles Hembree was convicted in 2018 of possessing methamphetamine, a felony. The Fifth Circuit held that the federal felon gun ban is unconstitutional as applied to him, because the government couldn’t show a historical tradition of disarming people for simple drug possession.
This is an as-applied ruling, not a blanket strike-down of the felon-in-possession law. But in the Fifth Circuit, a simple possession conviction alone may no longer justify a lifetime gun ban.
Should non-violent felonies cost someone their gun rights for life? Where would you draw the line?
Source:
https://townhall.com/news/jeff-char...-to-hear-marijuana-and-firearms-case-n2684265
Charles Hembree was convicted in 2018 of possessing methamphetamine, a felony. The Fifth Circuit held that the federal felon gun ban is unconstitutional as applied to him, because the government couldn’t show a historical tradition of disarming people for simple drug possession.
This is an as-applied ruling, not a blanket strike-down of the felon-in-possession law. But in the Fifth Circuit, a simple possession conviction alone may no longer justify a lifetime gun ban.
Should non-violent felonies cost someone their gun rights for life? Where would you draw the line?
Source:
https://townhall.com/news/jeff-char...-to-hear-marijuana-and-firearms-case-n2684265