Federal Ban on Owning Firearms by Cannabis Consumers is Unconstitutional Court Says

Federal Ban on Owning Firearms by Cannabis Consumers is Unconstitutional Court Says

Federal charges against a non-violent, cannabis-using gun owner were unconstitutional.

A federal appeals court panel upheld a lower court’s ruling on Wednesday, declaring that federal charges against a non-violent, cannabis-using gun owner were unconstitutional.

“The short of it is that our history and tradition may support some limits on a presently intoxicated person’s right to carry a weapon,” the court wrote in the new opinion, “but they do not support disarming a sober person based solely on past substance usage.”

Mental Defectives?

Judges have also contested assertions made by Department of Justice attorneys that individuals who use cannabis pose a greater danger than their fellow Americans.

“Nor, contrary to what the government contends, do restrictions on the mentally ill or more generalized traditions of disarming ‘dangerous’ persons apply to nonviolent, occasional drug users when of sound mind.”

The DOJ has contended in this and other recent legal proceedings that the federal prohibition on gun and ammunition possession by individuals who use marijuana aligns with historical limitations on gun ownership, including those applied to individuals deemed mentally defective and others whose firearm possession poses a risk to public safety.

The Fifth Circuit panel disagreed.

“We must ask: why was severe mental illness a reason the Founders disarmed people, and is that ‘why’ ‘relevantly similar’ to § 922(g)(3)?”

Referring to the legal provisions that prohibit individuals who engage in the use of illegal drugs from owning firearms.

Judges also said the government failed to demonstrate that lawful restrictions on gun ownership by domestic abusers or the mentally ill were sufficiently similar to its law against firearm possession by drug users.

“Marijuana user or not,” opined the court, “Paola is a member of our political community and thus has a presumptive right to bear arms. By infringing on that right, § 922(g)(3) contradicts the Second Amendment’s plain text.”

“Laws designed to disarm the severely mentally ill do not justify depriving those of sound mind of their Second Amendment rights,” the court wrote. “The analogy stands only if someone is so intoxicated as to be in a state comparable to ‘lunacy.’”

Legal Help

If you’re facing charges for a firearm offense while under the influence of alcohol or a controlled substance in Michigan, it’s essential to seek legal counsel immediately. A trained and experienced DUI attorney can provide guidance potentially helping to mitigate penalties or even challenge the charges.

Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993. Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.

DOJ has made similar arguments in a case in a separate case in the U.S. Court of Appeals for the Eleventh Circuit.

In that matter, a group of Florida medical cannabis patients contends that their Second Amendment rights are being violated because they cannot lawfully buy firearms so long as they are using cannabis as medicine, despite acting in compliance with state law.

Meanwhile back at the ranch…

The Biden administration, meanwhile, argues that medical marijuana patients who possess firearms “endanger public safety,” “pose a greater risk of suicide” and are more likely to commit crimes “to fund their drug habit.”

Probably until October 2024

Last year, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly.

Earlier this year, President Joe Biden’s son Hunter was found guilty by a federal jury of breaching the law by purchasing and possessing a firearm while actively using crack cocaine.

Cases

The case, U.S. v. Connelly, is one of a handful of federal court cases.

Paola Connelly is a non-violent, marijuana smoking gunowner. El Paso police came to her house in response to a “shots fired” call. When they arrived, they saw John, Paola’s husband, standing at their neighbor’s door firing a shotgun. After arresting him, they spoke with Paola, who indicated that she would at times smoke marijuana as a sleep aid and for anxiety. A sweep revealed that the Connellys’ home contained drug paraphernalia and several firearms, including firearms owned by Paola. There was no indication that Paola was intoxicated at the time.

Read the rest here US Court of Appeals – 5th District US v Conelly – Non Violent Cannabis User and Firearms

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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First Offense DUI in Michigan: Laws and Consequences

Facing a first offense DUI in Michigan can be daunting as the implications are significant and the legal landscape is complex.

Understanding the laws surrounding Operating While Intoxicated is essential, as these regulations are designed not only to penalize impaired driving but also to prioritize the safety of all road users.

It is vital to be aware of the potential consequences you may encounter and to explore the various defense strategies available to navigate this challenging situation effectively.

Legal Limits

In Michigan, adults aged 21 and older must be aware that the legal limit for blood alcohol concentration is set at 0.08%, meaning that driving with a BAC at or above this level is deemed unlawful and can result in a DUI charge.

For drivers under 21, any BAC above 0.00% is grounds for a DUI charge due to zero-tolerance laws.

First Offense DUI – Consequences

If convicted of a 1st offense DUI in Michigan, the consequences can include:

Criminal Penalties: This may involve fines, potential jail time (up to 93 days), community service, and mandatory participation in alcohol education programs.

Driver’s License Suspension: A 1st offense can lead to a license suspension for up to 180 days, with the possibility of restricted driving privileges after a period.

Ignition Interlock Device (IID): In some cases, the court may require installation of an IID on your vehicle. This device requires the driver to blow into a breathalyzer before starting the car and intermittently while driving to ensure sobriety.

Insurance Impact: A DUI conviction often results in significantly increased car insurance premiums or difficulty obtaining insurance coverage.

Criminal Record: A DUI conviction stays on your criminal record, potentially affecting employment opportunities and other aspects of your life.

Legal Resources

For more detailed information on Michigan’s DUI laws, you can refer to the Michigan Compiled Laws (MCL) directly.

Here are some links:

 

Legal Help

If you are charged with a 1st offense DUI in Michigan, it is crucial to obtain legal representation without delay. An experienced DUI attorney can offer valuable insights and strategies that may help lessen the penalties or even contest the charges against you.

Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993.

Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.

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I got a DUI while driving my dad’s boat – Will they take it?

I got a DUI while driving my dad’s boat – Will they take it?

I was out driving my dad’s boat on the lake and I got caught drinking. Can they take the boat away from my dad who was not with me?

Happy Father’s Day – Dad

No, in most cases, they likely won’t take your dad’s boat away for you getting a DUI while driving it.

They Could Tow it and impound it if there is no one sober there and that will cost you a bundle.

However, there could be some consequences for your dad depending on the specifics:

  • Repossession for fines: If the fines associated with your DUI are very high, the court could potentially order the boat to be sold to pay them off, but this is uncommon.
  • Insurance issues: A DUI could raise your dad’s boat insurance rates, or the company might even cancel the policy altogether. Without insurance, the boat couldn’t be legally operated.

The bigger issue here is you and the DUI. Boating under the influence (BUİ) is a serious offense in Michigan, similar to a DUI on land.

Here are some resources you might find helpful:

  • Information on Michigan BUIs: [Michigan boating under the influence ON Michigan.gov (.gov) michigan.gov]
  • Help and resources for DUIs: [National Highway Traffic Safety Administration (.gov) nhtsa.gov]

But here is the real resource you will need.
The phone number to my office.

Komorn Law 248-357-2550

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If it’s got a motor, it’s a BUI

We got lakes, we got boats, we got alcohol, we got cannabis all the fun you can possibly find on a holiday weekend in the summer. Just don’t combine them all or you’ll be calling us or your cousin Vinny. 

Operating a Boat Under the Influence (OUI)

Michigan law strictly prohibits operating a motorboat under the influence of alcohol or drugs, similar to driving under the influence (DUI) laws. This applies to all vessels with a motor, including personal watercraft (PWCs) [MCL 324.80176]. There are two main ways a boater can be considered OUI:

  • Blood Alcohol Content (BAC): A BAC of 0.08% or greater is considered operating under the influence. This is determined by a breath, blood, or urine test administered by a law enforcement officer.
  • Visible Impairment: Regardless of BAC, if an officer observes the boater’s ability to operate the vessel is visibly impaired by alcohol or drugs, they can be arrested for OUI.

Visible Impairment means anything they say it means!!

The consequences of a BUI conviction in Michigan can be severe. A first offense is typically a misdemeanor, punishable by fines, jail time, and the loss of boating privileges. Multiple convictions within ten years escalate the offense to a felony, carrying harsher penalties. Additionally, causing serious injury or death while boating under the influence can result in felony charges with significant prison sentences.

324.80176 Operation of or authorizing operation of motorboat while under influence of alcoholic liquor or controlled substance prohibited; visible impairment; violation as felony; penalty; “serious impairment of a body function” defined; operation by person less than 21 years of age; “any bodily alcohol content” defined; requirements; “operate” defined.

Sec. 80176.

    (1) A person shall not operate a motorboat on the waters of this state if any of the following apply:
    (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
    (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
    (c) The person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

Passengers and Alcohol Consumption

While there is no specific law prohibiting passengers from drinking alcohol on a boat in Michigan, it’s important to be aware of the potential dangers. Excessive alcohol consumption can impair judgment and coordination, increasing the risk of accidents or falls overboard. Passengers who are intoxicated may also become loud or disruptive, distracting the operator and jeopardizing the safety of everyone on board.

Here are some safety tips for passengers:

  • Drink responsibly and in moderation.
  • Be aware of your surroundings and potential hazards.
  • Remain seated while the boat is in motion.
  • Wear a life jacket at all times.

Additional Safety Considerations

Boating safety goes beyond just avoiding alcohol. Here are some other crucial aspects to remember:

  • Boating education: Taking a boating safety course can equip you with the knowledge and skills to navigate safely. Michigan requires boaters born after June 30, 1996, to complete a boating safety course to operate a motorboat or PWC https://www.michigan.gov/dnr/things-to-do/boating/safety-certificate.
  • Life jackets: Ensure everyone on board has a properly fitting life jacket readily available and consider wearing them at all times.
  • Boating equipment: Have all necessary safety equipment on board, including fire extinguishers, flares, and signaling devices.
  • Weather conditions: Always check the weather forecast before heading out and be prepared for sudden changes.
  • Local regulations: Be aware of any specific boating regulations or restrictions that may apply to the water body you’re on.

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Alcohol, Drugs, Kayaking – It could be a problem

Alcohol, Drugs, Kayaking – It could be a problem

Can I drink alcohol and smoke cannabis if I’m canoeing or kayaking or tubing or paddleboarding or just floating around?

While Michigan law doesn’t explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it’s strongly discouraged for safety reasons. Here’s why:

  • Impaired judgment: Alcohol affects your balance, coordination, and decision-making abilities. Even a small amount can significantly increase your risk of tipping over or making poor choices on the water.

  • Hypothermia risk: Alcohol can interfere with your body’s ability to regulate temperature. Falling into cold water while under the influence can lead to hypothermia much faster.

  • Drowning risk: Impaired judgment and slowed reflexes can make it difficult to react quickly in an emergency situation.

  • Legal consequences: Public intoxication laws might apply if your behavior becomes disruptive or unsafe due to alcohol.

…and public consumption of cannabis is not allowed.

Public consumption is not permitted. Driving under the influence of marijuana is not permitted. Individuals cannot cross state lines with marijuana.

Marijuana in Michigan: What You Need to Know

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