BELLEVUE, WA – The Second Amendment Foundation has filed an amicus curiae brief in a case that could overturn bans on firearms possession by people who use intoxicants or controlled substances because such laws violate the right to possess and carry 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 US Court of Appeals for the Fifth Circuit following oral arguments, which were heard on June 5. who wish to provide relevant information on the history and tradition of restrictions on the use and possession of firearms in relation to the issues raised in this case. Of particular interest are the historical weapons regulations applicable to intoxicated or disabled persons. The writings had to be submitted before July 6.
“We’re not advocating for or against specific laws,” explained SAF executive director Adam Kraut, who is a practicing lawyer. “The Fifth Circuit panel requested briefings on historic bans, and our response is written solely to address that question. Long story short, we couldn’t find any historical gun regulation that would essentially strip someone of their Second Amendment rights for life, because they may have been under the influence of or affected by an intoxicating substance.”
As the 31-page report notes, “Having set the stage for the proper analytical framework, attention must be paid to this nation’s non-existent history and tradition of disarming people who, at some indefinite time, may have been intoxicated. ”. The brief was prepared and filed by attorney Edward Andrew Paltzik of Bochner PLLC in New York.
“This case raises a significant issue regarding the lifetime loss of Second Amendment rights,” said SAF Founder and Executive Vice President Alan M. Gottlieb. “The Court requested amicus curiae briefs regarding the historical analogues, and we are happy to oblige.”