Post: Where Does It Stand With Marijuana And Gun Ownership

Photo by The Huron County Museum & Historic Gaol Gun ownership is a popular topic in the US, but is there finally going to be movement about marijuana and gun ownership?

Marijuana and gun ownership is slowly winding its way through the courts. Cannabis is a hot topic at the state and business level. Liquor companies, governors, and thousands of small businesses are holding there breath to see what the new administration is going to do. But duck and deer hunter and thousands like them are wondering where does it stand with marijuana and gun ownership?

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The legal landscape surrounding marijuana use and handgun ownership in the United States is evolving, with federal courts playing a pivotal role in shaping the narrative. This article provides an update on recent developments and their implications for individuals who use marijuana and wish to own firearms.

Under federal law, specifically 18 U.S.C. § 922(g)(3), it is unlawful for individuals who are “unlawful users of or addicted to any controlled substance” to possess firearms. Since marijuana is classified as a Schedule I controlled substance, this law effectively prohibits marijuana users from owning guns, even in states where marijuana is legal. black and silver revolver on red textile In recent years, federal courts have begun to challenge the constitutionality of this prohibition, particularly in light of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen . This ruling emphasized that firearm regulations must align with historical American traditions regarding the right to bear arms.

One notable case is U.S. v. Daniels , decided by the U.S. Court of Appeals for the Fifth Circuit. The court reversed a conviction under a federal law that prohibits firearm possession by individuals who are unlawful users of controlled substances. The decision highlighted that the law might be unconstitutional when applied to occasional or habitual drug use without evidence of continuous impairment.

Another federal appeals court has reaffirmed that banning gun ownership for people who occasionally use marijuana is unconstitutional, aligning with the reasoning in Daniels 8 .These rulings […]

Where Does It Stand With Marijuana And Gun Ownership