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Washington Gun Law President William Kirk recently discussed a significant 5th Circuit Court ruling regarding cannabis users and their 2A rights.
The case, United States v. Paola Connelly, addresses federal prohibitions that prevent cannabis users from possessing firearms under 18 U.S.C. § 922(g)(3).
In this case, Connelly, an occasional cannabis user, was found in possession of a firearm. The court ruled that while she used cannabis to manage anxiety and sleep, the federal law prohibiting her from possessing a firearm violated her rights.
The ruling stems from the Bruen test, which requires courts to evaluate whether modern gun control laws align with historical and constitutional standards.
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Kirk emphasized that the 5th Circuit rejected the government’s arguments, which claimed cannabis users should be disarmed based on laws that target the mentally ill, dangerous individuals, or those under the influence of substances.
The court found no historical precedent for permanently disarming cannabis users, particularly when they are not under the influence at the time.
Although Connelly’s facial challenge was struck down—meaning there may be situations where the law is constitutional—the court upheld her as-applied challenge. As a result, the law could not be enforced against her specifically.
Kirk believes this ruling could pave the way for further challenges to federal gun laws affecting cannabis users, particularly veterans who rely on medicinal cannabis for physical and mental health issues.
What say you? Is it time to overturn the ban on 2A rights for pot smokers?
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It’s nit time to rethink this issue, it’s 20 years past that point. Repeal the laws that make cannabis illegal, taxes it just like alcohol or cigarettes and get on with life.
Voiding rights over non violent crimes/activities is just a clever way to dis-arm as many as possible. The coastal elite/lawyers matrix leftist media running the country have proven how bad they are at making a Nation thrive and succeed. If things do finally overload or we suffer a terrible event such as a full grid destruction they will be at the mercy of the people they regard as serfs and rabble. Having basic respect and valuing what the good capable people do that make life possible in our Nation has been forgotten.
I read the article and thought it was well written and throwing my 2 cents into the pot, I agree that unless you are a known threat to others, government should not be able to disarm individuals. Likewise I believe that a person who is convicted of a felony crime (excluding treason) and that person serves their time they should have all their Constitutional Rights restored (except in cases involving treason) until they are convicted of another crime.
Then I read the comments and it’s like reading a Monty Python sketch.
This is a ridiculously archaic law that needs to be removed. A lot of elderly Americans use CBD’s for arthritis pain relief instead of having to use other pharmaceuticals that contain highly addictive opioids, or anti-inflammatory steroidals that can be very hard on your liver and other organs, like my 88 year old aunt. As a former transportation industry employee, we were not allowed to use ANY CBD’s because it caused you to fail mandatory drug tests. Even eating a bagel with poppy seeds could cause a false positive opioid drug test.
If any person can use cannabis and have a gun, it should be clear that a legal cannabis user should be afforded the same protection of their rights.
And that’s the problem with this idiotic law. Cannabis comes in many forms. Some intoxicating, some not, like CBD’s that contain little or no Delta’s. The health benefits are the same. The drug test results are the same. Stupid law!
I’m all for legalizing cannabis and treating it exactly like alcohol. IMHO, alcohol is worse than cannabis, but what I said above should be a slam-dunk.
Absolutely. I’m retired and use CBD’s recommended by my doctor to treat sever arthritis pain. They work. The joint pain I was experiencing is gone now. My quality of life has improved exponentially since using CBD’s. I feel absolutely nothing after taking it. Zero side effects. Matter of fact, my blood pressure has actually dropped! Should I lose my constitutional rights to protect myself from evil people, just because I use a product that has been proven to improve elderly peoples’ quality of life?
I’ve never been a partaker in marijuana of any kind, quite frankly because it just wasn’t my ‘cup of tea’ as they say, but I could care less if someone else uses it. I think alcohol is more dangerous than cannabis usage. I think it should be legalized country wide and tax the hell out of it. Probably be able to zero the national debt with the proceeds!
And at no time should your opinion on 1st A rights overwrite ANYONES 2A. You are the same as any left leaning gun grabber. You are part of the problems for lawful persons. ie. Men and women.
To the above post on 2A and your 1st A. You are partly correct. Except you are poorly informed. You willfully lump every case into your perfect, ill informed spew. Pain and mental health has nothing to do with my right to protect self and family. Spend some time researching PTSD and Vets. You’d be surprised what knowledge can do to open your very closed mind
The difference between a drunk and a pot smoker are significant.Its just an old prejudice that needs to be removed.
all i hear is creative ways to disarm the public from the left, now we have a group of addicts wanting to own guns by using mental health and pain as an excuse to take drugs. well if you need the drugs to allegedly keep your mind straight or the pain is so great you can’t function normally then the answer is NO!!!
FOAD
ain’t going to happen, so you are just going to suffer over it!
You are a commie piece of shit
try calling 1-800- waa-aaaa for some much-needed support……..