Federal Appeals Court Challenges Ban on Gun Possession by Marijuana Consumers
A federal appeals court is reconsidering a case that challenges the government’s ban on gun possession by marijuana consumers. The case, U.S. v. Daniels, was previously set to be heard by the U.S. Supreme Court but was remanded back to the lower courts.
The government is arguing that even a person’s recent use of marijuana is sufficient to establish that they are in violation of the law and should not legally be able to possess a gun. However, the judges on the U.S. Court of Appeals for the Fifth Circuit pushed back on this position, noting that a recent opinion within the same judicial circuit held that while “some limits on a presently intoxicated person’s right to carry a weapon” may be constitutional, “disarming a sober person based on past substance usage” is not.
The case centers around a man who was convicted of possessing a gun while using marijuana. The government argued that the man’s use of marijuana made him an “unlawful user” of a controlled substance, which is prohibited under federal law from possessing a gun. However, the court ruled that the government failed to demonstrate that the man’s use of marijuana made him a danger to himself or others, and therefore, his Second Amendment rights were not violated.
The government is now arguing that the court’s decision was incorrect and that the man’s use of marijuana made him a danger to himself and others. The government is also arguing that the court’s decision conflicts with other federal laws that prohibit the possession of guns by people who are deemed to be a danger to themselves or others.
The case is being closely watched by gun rights advocates and marijuana legalization advocates, who are concerned about the impact that the government’s ban on gun possession by marijuana consumers could have on their rights.
