U.S. Judge Declares Marijuana Consumers’ Firearms Prohibition Unconstitutional!

U.S. Judge Declares Marijuana Consumers' Firearms Prohibition Unconstitutional!

A federal court in Oklahoma has ruled that a federal statute preventing marijuana users from possessing firearms is unconstitutional, citing the Supreme Court’s landmark decision last year that greatly expanded gun rights.

On Friday, U.S. District Judge Patrick Wyrick of Oklahoma City, an appointee of former Republican President Donald Trump, dismissed an indictment against a man charged in August with violating that restriction, ruling that the law violated the man’s Second Amendment right to keep and bear guns.

Wyrick argued that the government could not claim Jared Harrison’s “mere status as a user of marijuana justifies stripping him of his fundamental right to possess a handgun” to protect the public from dangerous people with guns.

Noting that Oklahoma is one of several states where the drug, albeit illegal under federal law, can be legally obtained for medical applications, he argued that marijuana usage was “not in and of itself a violent, forceful, or threatening behavior.”

Writing for the court, Wyrick stated, “The mere use of marijuana contains none of the qualities that the Nation’s history and tradition of weapons control support.” Attorney Laura Deskin, who represented Harrison in court, called the decision a “move in the right way for a significant number of Americans who deserve the right to bear arms and protect their homes just like any other American.”

She referred to marijuana as the most widely used substance despite being federally outlawed. U.S. Department of Justice certainly would appeal but did not respond to the comment request. After the U.S. Supreme Court’s 6-3 conservative majority ruled in June that the Second Amendment protects a person’s right to carry a weapon in public for self-defense.

This judgment represented the latest instance of a court declaring a gun law unconstitutional. Restrictions must be “compatible with this nation’s historical tradition of firearm regulation,” according to the decision in New York State Rifle & Pistol Association v.

Bruen, a landmark case that introduced a new standard for evaluating gun legislation. A federal rule prohibiting those under domestic violence restraining orders from having firearms was deemed illegal by the 5th U.S. Circuit Court of Appeals on Thursday, citing that judgment as precedent.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts