Chad Flores, Esq. , Flores Law, P.L.L.C., Houston, TX, for Amicus Curiae Scholars of Second Amendment Law and The Independence Institute.
Edward A. Paltzik , Bochner, P.L.L.C., New York, NY, for Amicus Curiae Second Amendment Foundation.
Joseph Greenlee , Firearms Policy Coalition, Action Foundation, Las Vegas, NV, for Amici Curiae Firearms Policy Coalition, FPC Action Foundation.
Robert J. Olson , Attorney, William J. Olson, P.C., Vienna, VA, for Amici Curiae Gun Owners of America, Incorporated, Gun Owners Foundation, Tennessee Firearms Association.
Gerald Harris Goldstein, Esq. , Goldstein & Orr, P.L.L.C., San Antonio, TX, for Amicus Curiae National Organization for the Reform of Marijuana Laws.
Before Smith, Higginson, and Willett, Circuit Judges.
Jerry E. Smith, Circuit Judge:
Title 18 U.S.C. § 922(g)(3) bars an individual from possessing a firearm if he is an "unlawful user" of a controlled substance. Patrick Daniels is one such "unlawful user"—he admitted to smoking marihuana multiple days per month. But the government presented no evidence that he was intoxicated at the time...
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