This week, the U.S. Court of Appeals for the Fifth Circuit heard arguments on when marijuana users may be lawfully disarmed, focusing on the application of federal law prohibiting firearm possession by individuals who use illegal drugs.
OG Article: here
View our Fair Use Policy: here
At the core of the case, U.S. v. Daniels, is whether someone who has previously used marijuana but is not intoxicated while possessing a firearm can be lawfully stripped of their Second Amendment rights.
The Department of Justice (DOJ) argues that recent marijuana use is enough to disqualify someone from legally owning a gun, regardless of whether they were actively under the influence while possessing the firearm. However, judges on the panel pointed out a prior ruling, U.S. v. Connelly, which found that disarming someone based on past substance use, rather than active intoxication, violated constitutional rights.
DOJ’s stance is part of a broader legal strategy aiming to justify the federal prohibition on gun ownership by cannabis users, an issue that is gaining attention as marijuana legalization expands. The case was previously taken up by the U.S. Supreme Court but was remanded after a decision in a related domestic violence case about firearm possession.
The outcome of U.S. v. Daniels could have broader implications, particularly as courts continue to challenge federal gun bans for marijuana users. Meanwhile, DOJ is maintaining that the statute is consistent with historical efforts to disarm "dangerous" individuals, despite growing pushback against these restrictions in the context of marijuana use.
Kommentarer