Free Republic

A federal judge in Texas recently agreed with a federal judge in Oklahoma that the national ban on gun possession by cannabis consumers violates the Second Amendment. Kathleen Cardone, a judge on the U.S. District Court for the Western District of Texas, also concluded that the federal ban on transferring firearms to an "unlawful user" of a "controlled substance," first imposed by the Gun Control Act of 1968, is unconstitutional. The case involves Paola Connelly, who was charged with illegal possession of firearms under 18 USC 922(g)(3) after El Paso police found marijuana and guns in her home while responding...

On May 20, 2022, the defendant, Jared Michael Harrison, was pulled over by the Lawton Police department for an alleged traffic violation. The officer smelled marijuana. Officers searched the car and found some marijuana and a pistol. Harrison was on bond from Texas and was wearing an ankle monitor. Harrison was arrested and is awaiting trial. There are pending state charges. On August 17, 2022, a federal grand jury returned an indictment for possessing a firearm with the knowledge he was an unlawful user of marijuana, in violation of Statute 18 U.S.C. § 922(g)(3).Harrison argued, among other things, the charge...

A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.