Lawyer Commentary LexBlog United States Eighth Circuit indicates Second Amendment limits federal gun possession crimes for drug users under § 922(g)(3)

Eighth Circuit indicates Second Amendment limits federal gun possession crimes for drug users under § 922(g)(3)

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A helpful comment made sure I saw that the Eighth Circuit today handed down a few notable Second Amendment rulings and limits on a federal gun possession prohibition. The main substantive case, US v. Cooper, No. 24-1998 (8th Cir. Feb 5, 2025) (available here), is worth reading in full and here are excerpts from the start and heart of the decision:

In United States v. Veasley, we concluded that keeping firearms out of the hands of drug users does not “always violate[] the Second Amendment.” 98 F.4th 906, 908 (8th Cir. 2024). Now the question is whether it sometimes can. The answer is yes, so we...

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