 The federal government wants to keep everyone who has used cannabis from their second ammendment right to bear arms. Current Federal law bans anyone who uses cannabis, even medical patients, from owning firearms, and they face felony charges if they lie about their marijuana use on the federal firearm application. Recently, in an Oklahoma court, a judge ruled that banning cannabis users from owning guns is unconstitutional. The Oklahoma case stems from a traffic stop where police found a loaded revolver and marijuana inside the car. Charges were brought against the man and the case was brought before the U.S. District Court for the Western District of Oklahoma. Judge Patrick Wyrick heard arguments from both sides but ultimately decided to dismiss the case. But Judge Wyrick said that the federal statute which specifically says it prohibits any “unlawful user” of a controlled substance from possessing firearms is, “unconstitutionally vague, in violation of the Due Process Clause, and unconstitutionally infringes upon his fundamental right to possess a firearm, in violation of the Second Amendment.” The judge further called this ban “concerning,” and cited the Second Amendment, which reads, in part, “the right of the people to keep and bear Arms, shall not be infringed.” Well, as expected, after the judge ruled against the ban, the U.S. government, via the Department of Justice, has officially filed an appeal over that ruling. The appeal was filed on Friday, March 3rd, 2023, in Oklahoma’s Western District Court of Appeals for the Tenth Circuit. A similar lawsuit in Florida had a different outcome, with courts there ruling against cannabis user’s Second Ammendment rights. Advocates and cannabis supporters have said that the current federal ban is unconsititutional, and forces cannabis consumers to either lie on a gun application purchase firearms on the black market, or give up their second ammendment right to bear arms. One GOP congressman filed a bill this past January 2023 that hopes to change the law so that at least medical marijuana patients can bear arms. That bill was also filed a few years back, but failed to pass. It’s hoped that the more recent legalization momentum will help get this latest version of the bill passed. As always, reach out to your local representatives to let them know where you stand. Click here to easily find and reach your representatives online: Take Action - NORML (National Organization for the Reform of Marijuana Laws) Comments are closed.
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