August 31st, 2024

Federal Appeals Court Once Again Rejects Blanket Gun Ban for Cannabis Consumers

A federal appeals court ruled against a blanket gun ownership ban for cannabis users, stating Second Amendment rights cannot be infringed based on past substance use, with ongoing legal challenges remaining.

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Federal Appeals Court Once Again Rejects Blanket Gun Ban for Cannabis Consumers

A federal appeals court has ruled against a blanket ban on gun ownership for cannabis users, reaffirming that the Second Amendment rights of individuals cannot be infringed solely based on their past substance use. In the case of US v Connelly, the 5th US Circuit Court of Appeals stated that there is no historical justification for disarming sober citizens, regardless of their prior marijuana use. The court noted that similar historical precedents do not exist for alcoholics, emphasizing that the government failed to provide a meaningful rationale for the ban. This ruling marks the second time the 5th Circuit has rejected broad applications of federal statutes that criminalize gun ownership for those with a history of marijuana use. NORML's Deputy Director, Paul Armentano, commented that past or current cannabis use should not disqualify individuals from constitutional protections. However, he acknowledged that these rulings are not binding nationwide and called for a resolution from either the Supreme Court or Congress to clarify the rights of cannabis consumers regarding gun ownership. A separate legal challenge against the federal ban is still pending in the 11th Circuit.

- The 5th US Circuit Court of Appeals ruled against a blanket gun ban for cannabis users.

- The court emphasized that Second Amendment rights cannot be infringed based solely on past substance use.

- Historical precedents do not support disarming sober individuals with a history of marijuana use.

- NORML advocates for clearer legal protections for cannabis consumers regarding gun ownership.

- A separate legal challenge to the federal ban is ongoing in the 11th Circuit.

Link Icon 3 comments
By @LorenPechtel - 8 months
Good. What's important is whether you are impaired, not whether you ever consume impairing substances.

If marijuana users aren't ever allowed guns why in the world do we permit alcohol users guns? I'd be much more worried about a drunk with a gun than a stoned person with a gun.

By @cbanek - 8 months
I wonder how this interacts with, or not, getting charged with a crime and possessing cannabis and a gun at the same time. It seems like they all really trump up the other charges federally, even when the crime doesn't involve either.