Last week, a federal appeals court voted that a federal ban on owning a gun if you have admitted to smoking marijuana is unconstitutional. They ruled in favor of a Texas woman, Paola Connelly, who brought them the case.
The Fifth Circuit lays out their argument in a compelling way, mainly disagreeing with the Department of Justice’s support for such a ban, saying that the ban is similar to other restrictions, such as “mental defectives…and others whose possession of firearms is contrary to the public interests.”
Here’s the Fifth Circuit’s counter-argument:
“Repeat marijuana users, like repeat alcohol users, are of sound mind upon regaining sobriety, whereas those adjudged severely mentally ill often require extensive treatment and follow-up examination before they can be said to be of sound mind again.”
There are other cases of a very similar context coming to bear soon, including U.S. v. Daniels, also at the Fifth Circuit, that will start up in October. This is probably an issue that will rise all the way up to the Supreme Court.
“Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms. By infringing on that right, § 922(g)(3) contradicts the Second Amendment’s plain text.”
Read the original story at Marijuana Moment.
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