Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

Discuss the 2nd Amendment and issues that relate to our right to keep and bear arms.
Post Reply
User avatar
Suck My Glock
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 8825
Joined: May 25th, 2018, 3:01 pm
Reputation: 8
Location: Peoria

Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#1

Post by Suck My Glock »

https://www.reuters.com/world/us/ban-ma ... 023-02-04/

Feb 4 (Reuters) - A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.

U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution's Second Amendment.
Advertisement · Scroll to continue

Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."
article-prompt-devices

He said using marijuana was "not in and of itself a violent, forceful, or threatening act," and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.

"The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," Wyrick wrote.

Laura Deskin, a public defender representing Harrison, said the ruling was a "step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American." She called marijuana the most commonly used drug illegal at the federal level.

The U.S. Department of Justice did not respond to request for comment but is likely to appeal.

The decision marked the latest instance of a court declaring a gun regulation unconstitutional after the U.S. Supreme Court's 6-3 conservative majority in June ruled that the Second Amendment protects a person's right to carry a handgun in public for self-defense.

That ruling, New York State Rifle & Pistol Association v. Bruen, announced a new test for assessing firearms laws, saying restrictions must be "consistent with this nation's historical tradition of firearm regulation."

On Thursday, the New Orleans-based 5th U.S. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms.


User avatar
xerts1191
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 12215
Joined: May 28th, 2018, 7:25 pm
Reputation: 5
Location: Arizona

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#2

Post by xerts1191 »

:clap:
User avatar
mock0013
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 137
Joined: November 16th, 2018, 9:19 pm
Reputation: 3
Location: Scottsdale

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#3

Post by mock0013 »

So the question is, will it be removed off the 4473??? or the upcoming new form? and on the NFA forms?
User avatar
campinginaz
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 438
Joined: August 5th, 2022, 10:45 pm
Reputation: 13
Location: Arizona

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#4

Post by campinginaz »

mock0013 wrote: February 5th, 2023, 7:25 am So the question is, will it be removed off the 4473??? or the upcoming new form? and on the NFA forms?
I'm not sure but I sure hope so. I don't personally smoke marijuana but I look at it much like alcohol, except more people do stupid things when they are drunk lol.
User avatar
Abbey
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 258
Joined: October 29th, 2018, 7:59 pm
Reputation: 3
Location: Phoenix

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#5

Post by Abbey »

It's just a matter of time. I think it will eventually be removed from the Schedule A drug list and decriminalized federally and at that point removed from the 4473. How many states is weed completely legal now? It's a pretty significant chunk of the population.
User avatar
Firemoose
New to ArizonaShooting.org
New to ArizonaShooting.org
Posts: 18
Joined: May 6th, 2021, 5:16 pm
Reputation: 0
Location: Glendale

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#6

Post by Firemoose »

campinginaz wrote: February 7th, 2023, 6:53 am except more people do stupid things when they are drunk lol.
People flying high do stupid stuff too, what they don't do is instigate fights, or black out.
User avatar
Suck My Glock
ArizonaShooting.org Member
ArizonaShooting.org Member
Posts: 8825
Joined: May 25th, 2018, 3:01 pm
Reputation: 8
Location: Peoria

Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

#7

Post by Suck My Glock »

Just in time for 4/20,...

The Glong

When you like both weed and Glocks and have a 3D printer,....


Post Reply