A federal judge in Oklahoma has ruled that federal law prohibiting people who use marijuana from owning firearms is unconstitutional.
The case in question involved Jared Michael Harrison, who was charged with firearms possession after a traffic stop led to the discovery of a loaded revolver and marijuana in his car. Harrison’s lawyers argued that the portion of the federal firearms law focused on drug users and addicts violated their client’s Second Amendment right to bear arms.
Despite their argument, federal prosecutors maintained that the law was consistent with the longstanding tradition of disarming individuals considered to be risky, including felons, the mentally ill, and the intoxicated.
US district judge Patrick Wyrick ruled in favor of Harrison’s lawyers, stating that prosecutors’ arguments that Harrison’s status as a marijuana user justified stripping him of his fundamental right to possess a firearm was not a constitutionally permissible means of disarming him. Judge Wyrick said, “the mere use of marijuana carries none of the characteristics that the nation’s history and tradition of firearms regulation supports.”
The ruling comes after a three-judge panel of the fifth US Circuit Court of Appeals in New Orleans ruled that the government cannot prevent individuals with domestic violence restraining orders from owning firearms.