NEW ORLEANS, LA (July 7, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of an important brief with the Fifth Circuit Court of Appeals in the case of United States v. Daniels, which challenges the federal law prohibiting anyone “who is an unlawful user of or addicted to any controlled substance” from possessing firearms (922(g)(3)). The brief, which was filed after the Court requested information regarding “historical gun regulations applicable to intoxicated or impaired individuals,” can be viewed at FPCLegal.org.

Bruen valued colonial laws to the extent that they informed the original understanding of the Second Amendment,” argues the brief. “In over 150 years of colonial history, few laws restricted firearms use by intoxicated persons. None restricted firearms use by people who were sober at the time, but otherwise used intoxicants.”

“While the Founders were concerned about the excessive use of intoxicants, they never addressed that concern by eliminating someone’s Second Amendment rights based solely on their use of an intoxicant,” said FPCAF’s Director of Constitutional Studies, Joseph Greenlee. “922(g)(3) therefore goes too far, and under Bruen, it should be held unconstitutional.”

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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.