Court Rules Gun Ban for Marijuana Users Unconstitutional

The 5th U.S. Circuit Court of Appeals ruled that Paola Connelly, a Texas gun owner who occasionally uses marijuana, cannot be prosecuted under a federal ban on drug users owning firearms, deeming the law unconstitutional. The panel asserted that while intoxicated individuals can be barred from firearm possession, there is no historical justification for disarming sober individuals based solely on past substance use. Judge Kurt Engelhardt emphasized that Connelly, as a member of the political community, has a presumptive right to bear arms, citing a 2022 Supreme Court ruling that expanded gun rights. The court's decision upheld the dismissal of charges against Connelly but revived a separate charge regarding transferring firearms to someone using illegal drugs. The ruling challenges the government's position that cannabis users are inherently more dangerous than the general population. This landmark decision may influence future legal interpretations of gun rights and drug use.