Supreme Court to review federal gun ban for marijuana users (922(g)(3))
The Supreme Court will decide whether the federal ban on firearm possession by "unlawful users" of controlled substances (18 U.S.C. 922(g)(3)) applies to people who regularly use marijuana, a question arising after a Texas man's gun conviction was overturned post‑Bruen because he wasn’t found actively using while armed. The Biden administration argues the prohibition is justified for "regular drug users" on public‑safety grounds, while challengers point to historical laws that punished carrying while intoxicated rather than mere use; the case also underscores ATF and DOJ reminders that combining guns and marijuana remains illegal under federal law despite state legalization, with arguments likely early next year.
đź“Ś Key Facts
- The Supreme Court has agreed to review the federal gun-ban provision for marijuana users, 18 U.S.C. § 922(g)(3).
- The case stems from a Texas man charged after the FBI found a gun and he acknowledged regular marijuana use; an appeals court later struck down the charge under Bruen because he was not found actively using while armed.
- The DOJ, representing the Trump administration, argues the federal ban is valid as applied to 'regular drug users' because of public-safety risks.
- The ATF has clarified, and Minnesota officials note, that federal law still prohibits combining marijuana and guns even in states that have legalized marijuana.
- The Minnesota Gun Owners Caucus emphasized historical laws punished carrying while intoxicated rather than mere use or possession, framing the constitutional question before the Court.
- Oral arguments in the case are expected likely early next year.
đź“° Sources (2)
Supreme Court will weigh gun rights for 'regular' marijuana users
New information:
- Case background: A Texas man was charged after FBI found a gun and he acknowledged regular marijuana use; an appeals court struck down the charge post‑Bruen because he wasn’t found actively using while armed.
- DOJ/Trump administration argument: the federal ban is valid for 'regular drug users' due to public‑safety risks.
- Minnesota OCM notes ATF’s clarification that mixing marijuana and guns remains illegal under federal law despite state legalization.
- Minnesota Gun Owners Caucus statement: historical laws punished carrying while intoxicated, not mere use/possession, framing the constitutional question.
- Expected timing: Supreme Court arguments likely early next year.