Houston Chronicle

Ruling blocks pot-based gun bans

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OKLAHOMA CITY — A federal judge in Oklahoma has ruled that a federal law prohibitin­g people who use marijuana from owning firearms is unconstitu­tional, the latest challenge to firearms regulation­s after the U.S. Supreme Court’s conservati­ve majority set new standards for reviewing the nation’s gun laws.

Lawyers for Jared Michael Harrison had argued that their client’s Second Amendment right to bear arms was being violated by a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms.

Harrison had been charged after being arrested by police in Lawton, Okla., in May 2022 following a traffic stop. During a search of his car, police found a loaded revolver as well as marijuana. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a stateissue­d medical-marijuana card.

His lawyers had argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s historical tradition of firearm regulation, echoing what the U.S. Supreme Court has ruled last year in a case known as New York State Rifle & Pistol Associatio­n v. Bruen. That case set new standards for interpreti­ng the Second Amendment.

The ruling came a day after a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans on Thursday ruled that the government can’t stop people who have domestic violence restrainin­g orders against them from owning guns. The panel referenced the Bruen decision in its ruling. Two of the three judges on the panel are Trump appointees.

The Justice Department has said it will seek further review of the appeals court’s decision.

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