Court Strikes Down Federal Law Barring Pot Heads From Owning Guns

Biden administration fought to overturn the decision despite his support for decriminalization. He argued that marijuana users were ‘no differently’ from other felons Getty images

A U.S. District Judge ruled in Oklahoma that a federal law that prohibits marijuana users from owning firearms is unconstitutional. This marks the latest court decision expanding Second Amendment rights.

Trump appointed judge Patrick Wyrick ruled Jared Michael Harrison was arrested last week for possessing marijuana. Federal law had violated his Second Amendment rights. Later, he was charged with violating federal law “that makes it illegal for ‘unlawful users or addicts of controlled substances’ to possess firearms,” According to Fox News. Wyrick however wrote in his decision that “Harrison’s mere status as a user of marijuana” Did not “justif[y] stripping him of his fundamental right to possess a firearm.”

Wyrick’s ruling, which dismisses the indictment against Harrison, cited the recent Supreme Court case New York State Rifle & Pistol Association v. BruensThis precedent was set by “special need” Preconditions for purchasing a firearm include no requirements. New York had required citizens to demonstrate a particular need for self-defense to purchase a firearm, but the Supreme Court held that New York state’s “licensing regime violates the Constitution.”

The Biden administration is, however, argued In regard to the Second Amendment: Marijuana users are “no different” From felons “because they are similarly ‘unvirtuous.'”

The argument of the administration is quite different from President Joe Biden’s October 2022 speech. Statement The president made an announcement regarding marijuana reform in which he would pardon federal crimes. “simple possession” The use of marijuana.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden made the remarks in the statement. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities.”

Harrison’s attorney, Laura Deskin, applauded Judge Wyrick’s decision to uphold the defendant’s Second Amendment rights.

“This decision is a step in the right direction for a large number of marijuana-using Americans who deserve the right to bear arms and protect their homes just like any other American,” Deskin, he said.