A significant ruling from the 5th Circuit Court of Appeals on Wednesday found that the federal law banning marijuana users from owning firearms is unconstitutional. The court dismissed charges against Paola Connelly, a Texas gun owner who occasionally uses marijuana.
Connelly was charged under 18 USC § 922(g)(3), a federal law that prohibits any person using a controlled substance from owning a firearm. The case began when El Paso police responded to a “shots fired” call and discovered her husband firing a shotgun. During their investigation, officers found firearms and drug paraphernalia in the home. Connelly admitted to using marijuana for anxiety and sleep aid but was not intoxicated at the time.
The three-judge panel, which included two Trump appointees and one Biden appointee, ruled that the federal law infringed upon Connelly’s Second Amendment rights. The judges concluded that while historical laws support restricting firearm possession for those currently intoxicated, they do not justify disarming sober individuals based on past drug use.
U.S. attorneys argued that historical laws disarming the mentally ill and dangerous individuals applied in this case. However, the panel dismissed this comparison, stating that the laws did not cover non-violent marijuana users. The court noted that during the Founding era, even habitual alcohol users were not disarmed, making the law’s application to marijuana users inconsistent with historical practices.
This ruling, currently applicable in Louisiana, Mississippi and Texas, could lead to broader challenges if upheld by the full 5th Circuit or the Supreme Court.
