In a decision that could have widespread implications, the 5th Circuit Court of Appeals ruled on Wednesday that a federal law banning marijuana users from owning firearms is unconstitutional. The court ordered the dismissal of charges against Paola Connelly, a Texas woman who occasionally uses marijuana.
The case began when El Paso police responded to a “shots fired” call and found Connelly’s husband firing a shotgun. During their investigation, officers discovered firearms and drug paraphernalia in the home. Connelly admitted to using marijuana to help with sleep and anxiety, but she was not intoxicated at the time of the incident.
Connelly was charged under 18 USC § 922(g)(3), which makes it illegal for anyone who uses controlled substances to possess a firearm. The three-judge panel, consisting of two Trump appointees and one Biden appointee, ruled that this law infringed upon her Second Amendment rights. The judges found that while it might be appropriate to restrict firearms for those who are currently intoxicated, disarming a sober person based on past marijuana use goes beyond what is supported by history.
The government’s attempt to defend the law by citing historical regulations on the mentally ill and dangerous individuals was rejected by the court. The judges noted that non-violent marijuana users do not fit these categories and that similar restrictions did not exist during the Founding era.
This ruling currently applies to Louisiana, Mississippi and Texas but could set a precedent for broader legal challenges if affirmed by higher courts.
