The 5th Circuit Court of Appeals ruled on Wednesday that a federal law barring marijuana users from owning firearms is unconstitutional. The three-judge panel unanimously dismissed charges against Paola Connelly, a Texas gun owner who occasionally uses marijuana.
Connelly faced charges under 18 USC § 922(g)(3), a federal law that prohibits drug users from possessing firearms. The case began when police responded to a “shots fired” call in El Paso where they discovered Connelly’s husband firing a shotgun. During their investigation, officers found firearms and drug paraphernalia in the home. Connelly admitted to using marijuana for anxiety and sleep aid but was not intoxicated at the time.
The panel, comprising two Trump appointees and one Biden appointee, ruled that the law infringed upon Connelly’s Second Amendment rights. The judges argued that while some restrictions on firearm possession for intoxicated individuals are reasonable, disarming someone who is sober based on past drug use goes beyond historical precedent.
Government attorneys tried to justify the law by pointing to historical restrictions on the mentally ill and dangerous individuals. However, the court found these comparisons flawed, noting that non-violent marijuana users do not fall into these categories. The ruling further pointed out that even habitual alcohol users were not disarmed during the Founding era.
This decision, which currently affects Louisiana, Mississippi and Texas, could set the stage for broader challenges to the law if the full 5th Circuit or the Supreme Court upholds it.
