Judge Upholds Gun Ownership Rights For Marijuana Users

On Friday, a federal judge in Oklahoma found that the state’s ban on gun ownership by anyone with marijuana convictions was unconstitutional.

The conservative majority on the U.S. Supreme Court has established new criteria for evaluating gun laws, and this verdict is the latest challenge to those controls.

Jared Michael Harrison had been indicted in August for breaking a federal law that forbids “unlawful users or abusers of controlled substances” to possess weapons, but U.S. District Judge Patrick Wyrick in Oklahoma City dismissed the indictment.

Following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen from earlier this year, Harrison’s attorneys contended that the section of federal weapons legislation aimed at drug users or addicts was not compatible with the nation’s long record of firearm regulation. It was a landmark case that altered how the Second Amendment is interpreted.

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An Unconstitutional Firearms Ban For Cannabis Users Says, Federal Judge

The Supreme Court upheld the constitutionality of concealed handgun carry for self-defense in a landmark June ruling. One week after the historic victory, the Supreme Court sent back to lower courts many cases, including those challenging bans on assault-style guns in Maryland and large-capacity ammunition magazines in New Jersey and California.

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I am proud to cosponsor the Assault Weapons Ban Act of 2023. Assault weapons used in mass shootings harm 6x as many people. AR-15 style firearms have become the weapon of choice for mass shooters because they are designed to kill as many people as possible as quickly as possible. pic.twitter.com/yiErngMBPE

— Congressman Dwight Evans (@RepDwightEvans) February 2, 2023

On Friday, Wyrick dismissed the charges against Jared Harrison, who had been arrested in August for breaking that restriction, on the grounds that it violated Harrison’s Second Amendment right to keep and carry guns.
However, the judge argued that the government could not use Harrison’s “mere status as a user of marijuana justifies stripping him of his fundamental right to possess a handgun.”