At one point, [Justice Elena] Kagan asked [Hemani attorney Erin] Murphy directly to propose a framework that would allow marijuana users like Hemani to keep their guns but would still allow the government to disarm people who use very dangerous drugs. In response, Murphy said that Congress can take into account the dangerousness of a drug when deciding which drug users to disarm, but she faulted Congress for not determining whether a heavy marijuana user could actually become dangerous.
If the Court does rule in favor of Hemani, the decision is unlikely to be unanimous. Chief Justice John Roberts appeared skeptical that courts should assess whether individual drug users are, in fact, dangerous enough to be disarmed. And Justice Samuel Alito argued that there should be more severe restrictions on drugs than the United States has historically applied to alcohol, given how deeply embedded alcohol is in Western culture.
But it appears more likely than not that Hemani will prevail and that most marijuana users will gain the right to own a gun, even if the justices still cannot figure out what to do with Bruen.
— Ian Millhiser in The Supreme Court appears likely to let stoners own guns
But it appears more likely than not that Hemani will prevail and that most marijuana users will gain the right to own a gun, even if the justices still cannot figure out what to do with Bruen.
Drugs were used at the time of our founding, and 2A didn’t say “shall not be infringed except in the case of drug use”.
It’s called “Dangerous Freedom” for a reason. Hold people responsible for their actions, ie, no different than we do for DUI/DWI/..
Two issues with that:
1) I doubt many people back then were stoned out of their minds from wake to bed at least five days a week as several surveys have shown an estimated 18 million users are now
2) nobody is ever held responsible for their actions. everyday I smell weed smoke pouring from cars and often I can smell it on people who are working their jobs.
There have been hundreds of tests with automobile drivers and alcohol consumption. Using beer, wine, and various hard liquors.
The results are all the same. Recently, an illegal alien 18 wheel truck driver smashed into several cars, and killed numerous people. He was intoxicated according to the police.
Is a marijuana intoxicated driver any different???
Because they were also given weed under driving test conditions . And with THC levels 1000 times higher than great grandma’s pot. The results were very similar to driving intoxicated on your favorite beer.
Just because nine judges give you the right to have a gun and smoke pot. does not remove the responsibility you have. As well as the consequences you might have to face.
When you smash into what a powerpole. And inconvenience several hundred electricity customers when their power goes out.
This recent “aloha snack bar” killer at the texas dance club.
Would it be different somehow if he was intoxicated on marijuana after shooting up over twenty people???
Traditionally, they use to smoke hashish before going on a killing spree.