Federal Court Deems Ban on Gun Ownership for Cannabis Users Unconstitutional

On Wednesday, a federal appeals court delivered a landmark ruling, declaring that a Texas resident who uses marijuana cannot be prosecuted under a federal law prohibiting illegal drug users from owning guns. The court determined that disarming an individual based on their history of drug use violates the Constitution.

The 5th U.S. Circuit Court of Appeals in New Orleans issued a decision, opens new tab stating that prosecuting Paola Connelly infringed upon her Second Amendment rights. The court's reasoning drew from a pivotal 2022 Supreme Court decision that broadened gun ownership protections.

Judge Kurt Engelhardt, appointed by former Republican President Donald Trump, penned the opinion for the three-judge panel, asserting, "Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms."

Engelhardt further elaborated that while the government might have grounds to prevent an individual currently under the influence of drugs from possessing weapons, "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

The ruling partially upheld a lower court's decision to dismiss all charges against Connelly on Second Amendment grounds. However, the panel reinstated a separate charge related to transferring firearms to someone using illegal substances.

Requests for comment from the U.S. Department of Justice and Connelly's legal representative went unanswered.

Connelly's indictment stemmed from a December 2021 incident where El Paso police responded to reports of gunfire at her residence, following a dispute between her husband and a neighbor.

Upon arrival, law enforcement found Connelly's husband discharging a shotgun at the neighbor's door. After his arrest, Connelly admitted to occasional marijuana use during conversations with officers. A subsequent search of the Connelly home uncovered drug paraphernalia and multiple firearms, including some owned by Paola.

In his decision to uphold the dismissal of Connelly's gun possession charge, Engelhardt referenced the 2022 Supreme Court ruling. This decision, made by the court's 6-3 conservative majority in New York State Rifle & Pistol Association v. Bruen, established a new criterion for evaluating modern firearm restrictions' compliance with the Second Amendment.

The Bruen ruling requires gun regulations to be "consistent with this nation's historical tradition of firearm regulation." This precedent has led to the invalidation of numerous laws.

Engelhardt noted that drug regulation was minimal until the 19th century. He pointed out that while some laws from the nation's founding era prohibited carrying weapons while intoxicated, "none barred gun possession by regular drinkers."