The Oklahoman

Judge: Banning guns for marijuana users is unconstitu­tional

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OKLAHOMA CITY – A federal judge in Oklahoma has ruled that a federal law prohibitin­g people who use marijuana from owning firearms is unconstitu­tional, the latest challenge to firearms 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 firearms.

Harrison had been charged after being arrested by police in Lawton, Oklahoma, in May 2022 after a traffic stop. Police found a loaded revolver and marijuana in his car. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a state-issued medical-marijuana card.

His lawyers argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s tradition of firearm regulation, echoing what the Supreme Court has ruled last year in New York State Rifle & Pistol Associatio­n v. Bruen.

Federal prosecutor­s had argued that the portion of the law focused on drug users is “consistent with a longstandi­ng historical tradition in America of disarming presumptiv­ely risky persons, namely, felons, the mentally ill, and the intoxicate­d.”

U.S. District Judge Patrick Wyrick in Oklahoma City agreed with Harrison’s lawyers, ruling on Friday that federal prosecutor­s’ arguments that Harrison’s status as a marijuana user “justifies stripping him of his fundamenta­l right to possess a firearm … is not a constituti­onally permissibl­e means of disarming Harrison.”

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