On July 6, 2023, Tennessee Firearms Association joined Gun Owners of America, Inc., and Gun Owners Foundation in an amicus brief that was filed in the Fifth Circuit Court of Appeals in the case of US v. Patrick Daniels, Docket No. 22-60596.
The appeal involves a claim that 18 U.S.C. § 922(g)(3)’s broad ban on firearms ownership, purchase or possession by those who use or are addicted to alcohol or controlled substances. The district court entered a ruling in July 2022, shortly after the decision in New York State Rifle & Pistol Assoc., Inc. v. Bruen, ––– U.S. ––––, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), in which the district court concluded that the “nation’s historical tradition” per Bruen supported a finding that this federal prohibition was constitutional. The amicus brief examines the available historical references as of the 1791 era to argue that the laws in existence at that time did not make it a crime for those who consumed or were addicted to alcohol or controlled substances were prohibited from purchasing, possessing or owning firearms.
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