Gavel and marijuana. Concept about drug vs justice.getty A U.S. appeals court has ruled that a Texas gun owner using marijuana cannot be prosecuted under federal law, finding it unconstitutional to disarm her based on past drug use.
The New Orleans-based 5th U.S. Circuit Court of Appeals ruled on Wednesday that the prosecution violated Paola Connelly’s Second Amendment right to keep and bear arms, referencing a significant 2022 U.S. Supreme Court decision that broadened gun rights.
The ruling, first reported by Reuters , challenges the constitutionality of disarming individuals based on occasional drug use under the Second Amendment.
The court determined that while laws may limit gun possession for those who are currently intoxicated, disarming a sober, non-violent person solely due to past or occasional drug use contradicts historical firearm regulations.
This decision has broader implications for federal gun laws, setting a precedent for how courts interpret Second Amendment rights, especially for non-violent offenders, highlighting the importance of aligning modern gun regulations with historical traditions.
The case focuses on Paola Connelly, who occasionally used marijuana and owned firearms.
On December 28, 2021, El Paso police responded to a “shots fired” call at Paola Connelly’s home, where they arrested her husband, John, for firing a shotgun. During the investigation, Connelly admitted to occasionally using marijuana for sleep and anxiety. Police discovered drug paraphernalia and firearms in the home, leading to charges against Connelly for possessing firearms as an unlawful user of a controlled substance and for providing firearms to an unlawful drug user.
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InnovationRx: Myocarditis From COVID-19 Is Much More Severe Than From Vaccination Bitcoin Prices Fell Below $58,000 As Various Factors Fueled Losses The main legal issue was whether the charges against Connelly infringed on his Second Amendment rights, which safeguard the right to bear arms. The court considered whether the laws leading to Connelly’s charges aligned with the historical practices of regulating firearms in the U.S. Passport: Explore the finest destinations and experiences around the world in the Forbes Passport newsletter.By signing up, you agree to receive this […]
U.S. Court Rules Marijuana Users Cannot Be Banned From Owning Guns
