The Firing Line Forums - View Single Post - Schumer's Solution: Firearms Disqualifications for Drug Use

gc70 · January 16, 2011, 09:20 PM

Aguila Blanca,

You shift the question from the meaning of IS to the meaning of USER and your answer is then based on intent.

I wonder whether such a standard would work. A restriction based on intent would be essentially meaningless. The courts generally presume that any clause in a law is not intended to be without effect, so the courts will try to ascribe a meaning and effect to "is an unlawful user."

January 16, 2011, 09:20 PM	#15
gc70 Senior Member Join Date: May 24, 2005 Location: North Carolina Posts: 2,903	Aguila Blanca, You shift the question from the meaning of IS to the meaning of USER and your answer is then based on intent. I wonder whether such a standard would work. A restriction based on intent would be essentially meaningless. The courts generally presume that any clause in a law is not intended to be without effect, so the courts will try to ascribe a meaning and effect to "is an unlawful user."