Cannabis Users Cannot Be Barred From Gun Ownership, U.S. Appeals Court Rules

The 5th U.S. Circuit Court of Appeals ruled Wednesday that a cannabis user in Texas cannot be legally prohibited from owning firearms, clarifying that past drug use does not strip individuals of their Second Amendment rights.

The court’s decision stemmed from the case of Texas resident Paola Connelly, who faced legal charges in December 2021 after police found several firearms in her home, according to Reuters. The ruling asserts that disarming Connelly based on her past marijuana use violates her Second Amendment rights, a stance backed by a 2022 Supreme Court decision that broadened gun ownership protections.

“Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms,” wrote U.S. Circuit Judge Kurt Engelhardt, underscoring that the disqualification of sober individuals from gun ownership lacks historical basis.

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However, the decision notably revived a separate charge against Connelly, related to transferring firearms to an individual using illegal drugs.

Supreme Court's Historic Leniency In Gun Ownership Rules

This appellate ruling aligns with the Supreme Court's stance in the New York State Rifle & Pistol Association v. Bruen, which found that modern firearm laws must align with the nation’s longstanding traditions of firearm regulation. According to Engelhardt, regulations on drug users owning guns have not historically been stringent, with parallels drawn to minimal early regulations on alcohol and gun ownership.

The U.S. Department of Justice has yet to comment on the ruling, which could have implications for federal approaches to gun ownership eligibility, especially among the millions of Americans who use cannabis legally under state laws but find themselves in a legal grey area federally.

Read Next:

• Gun Rights For Cannabis Users Remain In Limbo: Supreme Court Sends Case Back To Lower Court For Further Review

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