Federal Ban On Gun Ownership By Marijuana Users Is Unconstitutional, Appeals Court Says
Judges also pushed back against claims by the Department of Justice
A federal appeals court panel on Wednesday ruled in favor of a Texas woman whom judges described as a “non-violent, marijuana smoking gunowner,” affirming a lower court’s ruling that federal charges filed against the woman for owning a firearm as a cannabis user are unconstitutional.
“The short of it is that our history and tradition may support some limits on a presently intoxicated person’s right to carry a weapon,” the court wrote in the new opinion, “but they do not support disarming a sober person based solely on past substance usage.”
Judges also pushed back against claims by Department of Justice (DOJ) attorneys that cannabis users are inherently more dangerous than other Americans.
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