A federal judge rules today that the law prohibiting marijuana users from possessing firearms is unconstitutional.
The federal judge in Oklahoma cited last year’s U.S. Supreme Court ruling that significantly expanded gun rights as the basis for their conclusion that it’s unconstitutional to ban marijuana users from owning firearms.
U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution’s Second Amendment. This is according to a Reuters report released today.
Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison’s “mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm.” He said using marijuana was “not in and of itself a violent, forceful, or threatening act,” and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.
“The mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports,” Wyrick wrote.
Laura Deskin, a public defender representing Harrison, said the ruling was a “step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American.” She called marijuana the most commonly used drug illegal at the federal level.
The U.S. Department of Justice did not respond to request for comment but is likely to appeal.
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