MAJOR 2A WIN: Federal Judge Declares Federal Gun Control Law UNCONSTITUTIONAL under 2nd Amendment

Published on February 4, 2023
Duration: 13:18

A federal judge in Oklahoma, Patrick Wyrick, ruled 18 USC 922(g)(3) unconstitutional under the Second Amendment in United States v. Harrison. The ruling, based on the Bruen standard, found the government failed to provide sufficient historical tradition to justify disarming non-violent marijuana users. This decision significantly impacts federal gun control laws affecting individuals who use marijuana.

Quick Summary

A federal judge in Oklahoma declared 18 USC 922(g)(3) unconstitutional under the Second Amendment in the United States v. Harrison case. The ruling, based on the Bruen standard, found the government failed to provide sufficient historical tradition to justify disarming non-violent marijuana users.

Chapters

  1. 00:00Major Second Amendment Legal Win
  2. 00:44United States v. Harrison Case Overview
  3. 01:21Explanation of 18 USC 922(g)(3)
  4. 03:10Defining 'The People' in Second Amendment
  5. 05:40Bruen Two-Step Test Application
  6. 08:00Historical Tradition and Gun Control Act
  7. 09:44Rejection of Government Historical Analogues
  8. 12:00Conclusion of the Ruling

Frequently Asked Questions

What federal gun control law was declared unconstitutional in Oklahoma?

In United States v. Harrison, a federal judge in Oklahoma declared 18 USC 922(g)(3) unconstitutional. This law prohibits individuals who are unlawful users of or addicted to controlled substances from possessing firearms.

What legal standard was used to challenge the federal gun control law?

The challenge to 18 USC 922(g)(3) was analyzed under the Supreme Court's Bruen standard. This standard requires the government to prove that any firearm regulation is consistent with the nation's historical tradition of firearm regulation.

Why did the judge rule 18 USC 922(g)(3) unconstitutional?

The judge ruled that the government failed to meet its burden of proving historical tradition from the founding era to justify disarming non-violent marijuana users under 18 USC 922(g)(3). The law's origin in the 1968 Gun Control Act was deemed too recent.

Who is the judge that made this ruling?

The ruling was made by Judge Patrick Wyrick, a Trump appointee, in the United States District Court for the Western District of Oklahoma. He presided over the United States v. Harrison case.

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