Federal Appeals Court Rules Gun Ban for Cannabis Consumers Is Unconstitutional; DOJ Contests Decision

In a brief filed on Friday, the Justice Department informed a federal appeals court that it believes a separate court’s recent ruling that the federal ban on cannabis consumers owning or possessing firearms is unconstitutional was “incorrectly decided,” Marijuana Moment reports. The DOJ shared its opinion with the U.S. Court of Appeals for the Eleventh Circuit while preparing for another lawsuit related to the gun ban for cannabis consumers.

The decision in question — which was announced last week by the U.S. Court of Appeals for the Fifth Circuit — marked the latest in a string of victories for advocates seeking to normalize gun ownership laws for cannabis consumers. District courts have also ruled that the ban on cannabis consumers owning guns violates the Second Amendment but the Fifth Circuit is the most powerful court yet to reach the decision.

According to the report, legal arguments for ending the ban generally hinge on a 2022 Supreme Court ruling that found restrictions on firearms must be consistent with the historical context of the Second Amendment.

In the Fifth Circuit’s ruling last week, U.S. Circuit Judge Jerry Smith wrote that U.S. drug laws have historically “regulated the combination of guns and intoxicating substances.”

“But at no point in the 18th or 19th century did the government disarm individuals who used drugs or alcohol at one time from possessing guns at another. In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage.” — Smith, excerpt from the opinion for the U.S. Court of Appeals for the Fifth Circuit

If the U.S. Court of Appeals for the Eleventh Circuit were to uphold the gun ownership ban — contradicting the decision by the Fifth Circuit court — it could set the stage for the Supreme Court to intervene, the report said.