Estimated reading time: 3 minutes
It’s been a busy few weeks for the Department of Justice — and now another major shakeup could be on the horizon.
Washington Gun Law’s President, William Kirk, recently broke down how the DOJ may soon back away from enforcing a federal gun ban on marijuana users, marking another important step toward restoring full Second Amendment rights.
The case at the center of it all is United States v. Baxter. After Keshon Baxter was pulled over in Iowa, law enforcement discovered marijuana and a firearm in his vehicle.
Baxter was then charged under 18 U.S.C. § 922(g)(3), which prohibits unlawful drug users from possessing firearms. Baxter fought back, arguing that this federal law was unconstitutional as applied to him.
SEE ALSO: Federal Judge Agrees w/ Biden’s DOJ: No Guns for Pot Smokers
While Baxter initially lost at trial, the Eighth Circuit Court of Appeals agreed with part of his challenge. The court found that there were no clear historical analogues justifying a ban on cannabis users possessing firearms.
As a result, the court ruled that applying the law to Baxter violated the Second Amendment.
Now the clock is ticking. The Department of Justice — led by Solicitor General John Sauer — asked for an extension until May 4th to decide whether it will ask the Supreme Court to review the ruling.
If the DOJ does not appeal, it could signal a massive shift: for the first time, federal authorities might abandon enforcement of this controversial provision, at least when it comes to marijuana users.
This move would not be without precedent. The DOJ already declined to appeal in the Range v. Attorney General case, which challenged the federal firearm ban on non-violent felons.
Add in the fact that the Fifth, Eighth, and Tenth Circuits have issued similar rulings protecting cannabis users’ gun rights, and you start to see the writing on the wall.
SEE ALSO: DOJ Wants Federal Court to Uphold Revocation of 2A Rights for Pot Smokers
As William Kirk pointed out, American tradition has only ever disarmed individuals deemed actively dangerous — not simply because of recreational marijuana use.
There’s simply no historical foundation to justify permanently stripping gun rights from someone who occasionally uses cannabis.
If the DOJ drops its defense of the gun ban for pot smokers, it would be another major rollback of Biden-era gun policies — and a big win for Second Amendment advocates nationwide.
Stay tuned, because by May 5th, we could have another victory for lawful gun owners on the books.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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No, pot smokers for the most part are low life scum bags unless they are using the pot for medical treatment, ban them!
The DOJ does need to look at electing a different stance on pot, THC users, and veterans that have been discriminated against, for the right to bare arms, the 2nd Amendment should apply to everyone except Felons! Not that I am saying that if you are high, you should be handling a gun but, as long as you are not high, you should not be denied the right to buy a gun just because you smoke pot, or take THC! A lot of us use THC for pain reasons, but I spent my four yeears in the military for the 2nd A rights that all law abiding citizens should have!
Marijuana AND being a gun owner should be decriminalized. There is no lawful argument against marijuana or other recreational drugs being illegal as long as alcohol is legal.
gotta protect your stash because it is so important to you, almost life saving…….
pot should be illegal. it is bad for your lungs, giving you COPD, and possibly cancer.it is bad for your brain, leading to some brain conditions . it is bad for your heart, and circulation. it does not cure anything. there are no benefits to it other then making you dumb and stupid so you vote for the COMMUNIST who claim to be the ” Democrat” party. so they can continue to ruin this country while you the pot smoker are to stupid and high to see it .and it is a gateway drug. and there is now more illegal pot being sold than legal pot and they can’t crack down on it because they can’t tell legal pot from illegal pot once it is sold. so anybody can now grow it and sell it .and it will lead to more crime once people get fired from there jobs because they are high all the time but need money to buy more. and the COMMUNIST ( ” Democrats”) will hide that. they want more crime so they can blame guns and take them away. that’s why they let criminals go after they catch them.
I don’t see one difference between alcohol drinkers and pot smokers. I live around both. Neither have threatened anybody, that I know of. The only difference is one is illegal and the other is not. I don’t drink OR smoke.
Stop Being the so called good American, & what do I mean by that?
Well…Look up what the good German was all about, meaning?
They too did several things that they felt gave them privileges Under the rise of the National Socialist Party, but in this…it destroyed them..
The Good German, like the Good American…for some reason feels more privileged than others.
But also… either because of this false thing, they also looked away, didn’t want to subject them selves to loosing Finances, or jobs, or anything else…and so either for greed, fears, or any other excuse…they where the Good German, and by that what did it bring?
Complete confiscation, complete destruction, complete lose of any rights…they in their ignorance to suppose themselves to be more special then any other, well…
Remember? If your quick to accept what a Nazi tells you, that their are those not worthy, that you are superior, that you except the big lie that you are privileged, above rights?
Then you to are rip for confiscation, & we all are in more danger from this idea…than a MJ user.
If you’re not robbing, stealing, or killing…what’s the problem officer?
Meaning…until you actually commit a true crime that would prevent you…well there lyes the fallacy…
If you have not …then they should not, & this is the problem if you accept the notion that others are not responsible enough…just because.
Last I checked…are we not under life liberty, & pursuit of happiness???
For you who would suppose to take rights away from others… stop being the good American, stop being the good German, & stop rationalizing the future confiscation of all, because that’s what your self righteous, privilege approach is…
If they can do it to one…they can do it to all…
Yes …end this , it’s always been used against a free people to control, suppress, & history has shown… to confiscate, and then enslave you!
Your either for rights, or your not…
Stop this idea of 2A rights advocates who say take rights away from others…most likely their plants, or just dumb as a nut…
To much to say, so ..
The End
So, the 4473 asks if you are an unlawful user , if you answered no, then you lied on the federal form ! Even IF you have a state card for use, it is still listed as a controlled substance by the feds, and since Commerce in firearms falls under federal preview, they CAN deny you !
I don’t have a problem with Zeke and Zelda Zonkout having firearms fast cars, big trucks, sharp knives, stashes of weed and children. Not my business nor should it be the government’s business.
Alcohol is water soluble, takes 24-72 hrs to get out of your system. Pot is fat soluble and stays in your system for up to three weeks. Since your brain is mostly fat cells, that’s where a lot of THC resides. Most Pot users that I know, including Medical users, use daily. Very few “occasional” users. What does that even mean? Now we have all kinds of high THC forms. A lot of street stuff is adulterated with other drugs. It’s not like the 1960’s. Do we really want marijuana users carrying? To clarify, I don’t want chronic drinkers carrying either, but…
And many states have a zero tolerance with alcohol and carrying weapons ..
That is one stupid comment. Marijuana users carry every day without incident. Hell, I know a retired LEO with ARs, etc (the kind that are not legal to own by normal civvies, another infringement) who’s got a nice fat plant in his greenhouse.
Pussies at GA would not post my reply.
Who defines recreational use of MJ? Is there a limit (amount smoked or consumed daily?) between recreational and abuser? Who will monitor this or just use the good ‘ol honor system? MJ is still a federal violation unlike many states that allow it. What’s next, litigation from a recreational user of heroin in possession of a firearm violating his/her constitutional rights?
We Vietnam veterans had some smoke there, we came back, some ok, some others not, but the fact we’re here/ Smoking marijuana did not kill any one I know, but Agent Orange did, and ir was legal then.
It was for medical use, which is a joke. Multi-convicted drunks should not have guns. Only stable people, and I am Pro 2A
No, you are not pro-2A. You are only pro-the rights you like, screw others. In another time you’d’ve been considered a loyalist and been kicked out to live in Canada.
You are not pro-2A, you’re just a bootlicker who doesn’t know what he’s talking about. Go suck cop elsewhere.
I don’t think the problem exists with the gun laws as much as it does with the law on marijuana. Right now marijuana is still considered a schedule one drug according to the law, it has no medical purpose and can easily be abused. Both of those reasons are antiquated and without foundation of clinical or scientific proof. Marijuana was initially made illegal because it was a cheap drug that blacks could afford and when America was extremely racist and did nothing but put Black people in jail… Possession of marijuana was an easy catch.
Until the rules about marijuana are changed, you should not be allowed to have a gun as a marijuana user. Declassified marijuana from schedule one… And that’s where you start. Otherwise cocaine, heroin, felons and other lawbreakers will get in line to say they should be able to own a gun also. I will not open the can of worms as to whether a felon has served their time and paid their debt to society lol…
Randalf Hearst’s efforts to criminalize hemp(which pot and cannabis comes from) because he wanted to switch from hemp to wood fiber paper for his newspaper empire. Conveniently while owning most of the timber rights in 3 states. Hemp made for better ropes and such as well, but after hemp was made illegal, cotton took over for clothing.
Marijuana AND being a gun owner should be decriminalized. I’ve known many gun owners who also toked with no impact or threat.
My stance is simple: if you’re “under the influence” you are impaired, and you should not be handling firearms. Do the gun-owning users of cannabis feel the same? I worry that some do not. A larger concern is that my home state just turned all the bars and restaurants in the capitol city in to potential targets by banning guns, even for those who do not drink. I don’t often go out to eat, but now I have yet another reason to avoid Burlington, VT.
That’s about as dumb as thinking anyone who takes a drink occasional can’t own a gun. Personal responsibility is still in effect. Folks should be able to toke, drink, snort, etc what they want, AND own firearms, but if they do stupid like drive or go shooting (outside of a legitimate self-defense situation) while intoxicated it’s a criminal offense.
Freedom is only hard for those who don’t believe in it. Sadly, many “pro-2A” folks don’t really believe in freedom.
How is it different than Booze? I don’t smoke anything, or do edibles, just not my bag. BUT, as there is NO evidence that it’s a ‘Gateway’ drug as so many have claimed, than it should be legalized and taxed and allowed.
Because CURRENTLY, it is still illegal under federal law, alcohol is NOT ! And it does ask on the 4473 form, and is still a reason for denial if you answer yes ! And if you answer NO, and you actually do, then it is a felony for lying on the form !
Stupid comment. Just because something is illegal does not mean it is constitutional that it is illegal. Sadly, too many 2A folks are really just bootlickers willing to bend over for the authorities.
Yes ban all pot smokers from getting a gun. EVERYONE ONE OF THE IDIOTS! The only exception is for medical use. The rest of the potheads should be banned.
I feel you wrote that comment while angry-drunk.
You have never seen the damage it does to family too, I guess? Huh
With so many states legalizing weed, I think it’s time to address this. The question on form 4473 reads “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
A future administration could use this question to effectively charge anyone who answers “no” on the form but who appears in the customer roles of a dispensary (dispensaries are almost always required to record the ID data of anyone who enters). Why give the anti-gun folks such an advantage?
Well, so it’s just fine to be “under the influence” and carry a gun? And by influence, I mean of about anything that affects judgement – cannabis, alcohol, OTC or even prescription drugs. Isn’t it hard enough to fight justification of gun use for protection – the harming or death of another human, even if he’s attacking you – than to fight for that right if we’re requesting it for when we’re imbibing or “under the influence”?
By the way, I constitutional carry in my state so I am very pro-gun.
Not in my state it is not, we have zero tolerance !
JFC what a dumb comment. No one is advocating firearms usage while under the influence.
If you are an FAA certificated or pilot working for a civil air carrier (charter, regional or major airline), you are in a “safety sensitive” role and are subject to random drug and alcohol testing (which includes marijuana). If you test positive for any alcohol or any marijuana or other illegal substances on a random screening, the employer may terminate your employment or not, depending on the policies. The official FAA stance is that when the positive test results are reported to the FAA, your mechanic or pilot certificate will be suspended and you cannot exercise those privileges. A rehabilitation program may be entered and upon successful completion, you may be able to work in your field again. However, the employer is not required to allow a rehabilitation program. The FAA certificated airline or repair faculty is required to have a pre-employment and continuing (random selection) anti-drug and alcohol program. These rules also apply to other occupations deemed safety sensitive within the Department of Transportation. I’ve been a certificated aircraft mechanic for many years and always willfully complied with the rules. I’m also a gun owner, hunting and shooting sports enthusiast and I don’t know anyone who would feel comfortable going to the range with people who may be under the influence of any type of drug or alcohol (Iincluding marijuana). I stand for keeping the current ban in place.
I haven’t checked but I’m willing to bet that there is way more gun violence when someone is under the influence of alcohol than pot! Just saying.
NO pot user are same as being drunk
bad idea, they need to concentrate on important things like silencers, bump stocks, red flag laws, atf shenanigans, ect.
AGREE!!!!
I think they’re missing the point that a suppressor can be classified as a safety device to protect one’s hearing. However, imagine all the inner-city criminals running around with suppressors…
I think there are more suppressors out in the ‘hood’ than most people realize. I have several, and it would be very difficult to conceal even the smallest 9mm with a 4 to 6″ suppressor screwed on it.
Yes, they could carry it in another pocket and screw it on as they prepare for their street corner wars, but there are numerous other positive aspects to consider.
That would also allow them to quietly remove more of their fellow hood-rats from the gene pool that in turn that would save the American tax-payers billions of dollars. Another plus, they can kill each other without alarming the public in the middle of the night, when they tend to be most active. They sleep during the day you know, so as long as the sun is up, most of us will be safe. Picture the movie ‘The Omega Man’.
If anything, maybe we should pass out FREE suppressor to the all hood-rats through out America along with free range-time so their can hone their shooting skills so they won’t miss their target and accidently put a round through the neighbors’ baby crib. 🤔 Too much?