Weiss’s decision is all the more suspect because the statute creating one of the three felonies—possessing a gun while addicted to illegal drugs—has been declared unconstitutional by the 5th Circuit Court of Appeals in light of the Supreme Court’s decision in NY Pistol and Rifle Club v. Bruen. See CNN, Federal appeals court strikes down law prohibiting users of illegal drugs from possessing firearms.
The three-page indictment overcharges the single transaction of purchasing a gun by checking a box on a form that declares that the purchaser is not addicted to a controlled substance. Based on that single transaction, the private citizen was charged with three felonies that cumulatively threaten a 25-year prison sentence.
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lennyesq 