Supreme Court Creates New Test for Evaluating Gun Restrictions in Landmark Ruling
The Supreme Court's recent decision in the case of New York State Rifle & Pistol Association v.
Bruen has created a new test for evaluating the constitutionality of gun restrictions based on the understanding of the Second Amendment at the time of its ratification.
The decision has opened up the possibility of challenging laws that ban drug users from owning guns, as these laws may not be consistent with the understanding of the Second Amendment at the time of its ratification.
Hunter Biden, who has admitted to using crack cocaine in 2018 when he purchased a gun, could be the next person to challenge this law.
His lawyers have already stated that they will challenge the law under the Second Amendment if he is charged with a gun crime.
This could lead to a high-profile showdown over the right to bear arms and put conservative gun-rights enthusiasts in unusual alignment with the president's son.
In summary, a federal judge in Pennsylvania ruled that a law prohibiting drug users from possessing firearms is unconstitutional.
This ruling was based on the Fifth Amendment, not the Second Amendment, and did not cite the Supreme Court's Bruen decision.
Other judges have also ruled against the constitutionality of the law, and the Justice Department has appealed these rulings.
There is disagreement among Second Amendment advocates about whether to support gun rights for people who use hard drugs.
The article discusses a legal case involving a federal law that prohibits individuals convicted of drug trafficking from owning firearms.
The author's group has filed amicus briefs in other Second Amendment cases, but not in this one.
The article mentions that the Supreme Court may eventually have to rule on the constitutionality of the law, and it's unclear how the court's conservative majority would view it.
A professor at Pepperdine's law school and a Duke law center head express different opinions on the likelihood of the law being thrown out entirely.