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MarcWinkman:
Well, I just put the wheels in motion (no pun intended) for the Delaware Superior Court to do a post Bruen assessment of 11 Del. C. sec. 1448(a)(9) which felonizes possession of a firearm and a controlled substance together.  We'll see if our bench comes out the same as the Fifth Circuit when it reviewed the federal counterpart in 18 U.S.C. Sec. 922(g)(3).

Oaklandopen:
Maybe it's just me,  but I don't want someone handling a weapon who is under the influence of something

I do,  however,  appreciate the history and tradition standard of bruen and wish these circuit courts and state legislatures would fall in line.  I still can't believe the tantrum delaware and others went through,  and are probably going to continue to do this upcoming session

slsharp:
"controlled substance" could be the prescription that you take,  or the little bit of "weed" that you might test positive for, or a beer.  I see this "felonization" as an excuse to remove your 2nd amendment rights.
Simon

MarcWinkman:

--- Quote from: Oaklandopen on November 07, 2023, 11:14:08 PM ---Maybe it's just me,  but I don't want someone handling a weapon who is under the influence of something

I do,  however,  appreciate the history and tradition standard of bruen and wish these circuit courts and state legislatures would fall in line.  I still can't believe the tantrum delaware and others went through,  and are probably going to continue to do this upcoming session

--- End quote ---

Happily, my client was not under the influence of anything.  Just happened to be driving a car with a registration plate that was one day expired and when the police did an inventory search of the car since my guy's license was suspended due to failure to pay a ticket, they found a trace amount of controlled substance in a common area of the car.

Oaklandopen:
I agree with all of that,  especially with something so vague that simple possession of both a gun and/or some kind of controlled substance WITHOUT being in commission of any crime still brings some kind of legal action.  I don't agree with that at all,  especially if an officer tries going on a fishing expedition after they pull you over for a tail light being out

But as for my original statement,  I still don't want to see anyone under the influence of something be it captain Morgan or crack with a gun.

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