The labyrinth of laws and court rulings concerning gun rights for marijuana users got more complex on Friday. The Fifth Circuit, in a 2-1 ruling, determined that a Mississippi man does not permanently lose his gun rights for consuming marijuana.
The panel declared that the federal law stripping gun rights from drug users is unconstitutional as applied in the case before the bench. It involved 26-year-old Kevin L. Mitchell, and a lower court upheld his felony-in-possession conviction.
Judge Edith Brown Clement wrote in the majority opinion that the panel relied on history and precedent to reach its conclusion.
The nation’s history does not support prohibiting non-intoxicated persons from possessing firearms
“Under Bruen, our Nation’s historical tradition of using intoxication laws to prohibit carrying firearms while presently intoxicated does not support permanent disarmament of a marijuana user who was not presently intoxicated while in possession of a firearm,” Clement wrote.
She added that consumption alone is not justification for stripping Second Amendment rights.
A majority of states swung the doors open for marijuana use despite federal law.
It is important to note that her position aligns with the standard legal treatment of firearms and alcohol. It is rightfully illegal for the gun owner who consumed a six-pack while watching a game to go target shooting then.
But does the weekend beer drinker lose the right to keep and bear arms for consuming alcohol while not in possession of firearms? Of course not.
There is now a trail of split decisions in lower courts concerning gun rights and marijuana use. The U.S. Supreme Court may ultimately decide the issue through US v. Hemani.
As most states allow medicinal and/or recreational use of cannabis, it is an issue that needs final resolution. The high court should step in and provide clarity on whether the consumption of marijuana is severe enough to cause an otherwise law-abiding citizen to lose their gun rights.
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