The 5th Circuit Court of Appeals ruled on Wednesday that a federal law prohibiting marijuana users from owning firearms is unconstitutional, marking a significant win for Second Amendment advocates. The decision came in the case of Paola Connelly, a Texas gun owner charged under 18 USC § 922(g)(3) after admitting to occasional marijuana use.
Connelly’s legal troubles began when El Paso police responded to a “shots fired” call and found her husband firing a shotgun. During their investigation, officers discovered firearms and drug paraphernalia in the home. Although Connelly admitted to using marijuana for anxiety and sleep, she was not under the influence when the police arrived.
The three-judge panel, made up of two Trump appointees and one Biden appointee, found that the federal law violated Connelly’s Second Amendment rights. The judges argued that while it may be justified to prevent intoxicated individuals from carrying firearms, extending this restriction to sober people based on past drug use lacks historical precedent.
The government’s lawyers attempted to defend the law by referencing historical restrictions on the mentally ill and dangerous individuals. However, the court rejected these comparisons, stating that non-violent marijuana users do not fall into these categories. The ruling also highlighted that even habitual alcohol users were not disarmed during the Founding era.
This ruling, which affects Louisiana, Mississippi and Texas, could prompt further challenges if it is upheld by the full 5th Circuit or the Supreme Court.
