A second federal court has ruled that banning cannabis users in states that have legalized the drug from buying firearms is unconstitutional.
Under current federal law, individuals who use illicit substances are not allowed to purchase firearms. A question about this topic found in the application for gun ownership specifically notes that cannabis counts as an illegal drug, regardless of local laws. Lying on the form is a federal offense.
But the Department of Justice (DOJ) has faced criticism and lawsuits over the policy in recent months.
In February, a federal judge in Oklahoma dismissed a case against a man who was charged with purchasing a firearm despite being a cannabis user. The judge noted that the Second Amendment of the U.S. Constitution protects individual rights to own firearms and does not make an exception for drug users.
DOJ has argued that cannabis users are criminals and cannot be trusted to handle dangerous weapons. It has also said that allowing cannabis users to own firearms would open the door to allowing other drug users to do the same.
Now a judge at the U.S. District Court for the Western District of Texas has dismissed charges against an El Paso resident who was convicted of transferring a firearm and admitting to being a cannabis user. The judge also noted that if the defendant had been charged with simple cannabis possession, then the charge would have been pardoned by the Biden administration.
H/T: abq.news
You can view the whole article at this link Blunts: Cannabis Gun Ban Declared Unconstitutional
