Today, our firm filed an amicus brief in support of an appeal challenging the constitutionality of 18 U.S.C. § 922(g)(3) — the federal prohibition on firearms possession by anyone who uses an unlawful substance. Our brief was filed at the invitation of the Fifth Circuit, which is seeking to understand whether 922(g)(3) has any historical analogues under the Bruen analysis. Our brief argued that the closest historical analogue are bans on intoxicated carry of firearms, and those do not support 922(g)(3).
