September 5, 2024
Estimated reading time: 2 minutes
Washington Gun Law President William Kirk recently discussed a significant 5th Circuit Court ruling regarding cannabis users and their 2A rights.
The case, United States v. Paola Connelly, addresses federal prohibitions that prevent cannabis users from possessing firearms under 18 U.S.C. § 922(g)(3).
In this case, Connelly, an occasional cannabis user, was found in possession of a firearm. The court ruled that while she used cannabis to manage anxiety and sleep, the federal law prohibiting her from possessing a firearm violated her rights.
The ruling stems from the Bruen test, which requires courts to evaluate whether modern gun control laws align with historical and constitutional standards.
Kirk emphasized that the 5th Circuit rejected the government’s arguments, which claimed cannabis users should be disarmed based on laws that target the mentally ill, dangerous individuals, or those under the influence of substances.
The court found no historical precedent for permanently disarming cannabis users, particularly when they are not under the influence at the time.
Although Connelly’s facial challenge was struck down—meaning there may be situations where the law is constitutional—the court upheld her as-applied challenge. As a result, the law could not be enforced against her specifically.
Kirk believes this ruling could pave the way for further challenges to federal gun laws affecting cannabis users, particularly veterans who rely on medicinal cannabis for physical and mental health issues.
What say you? Is it time to overturn the ban on 2A rights for pot smokers?
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