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IPFS News Link • Constitution

US Ban On Marijuana Users Owning Guns Ruled Unconstitutional

• By Tyler Durden

In a 54-page ruling in favor of Jared Harrison handed down Friday in Oklahoma, U.S. District Judge Patrick Wyrick said the government cannot claim that Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."

It's the latest of many rulings against gun restrictions that are following in the widening wake of last June's watershed U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen.

That case established a test that judges across the country must now apply when evaluating gun control laws: Such laws must be "consistent with the nation's historical tradition of firearm ownership."

"The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," wrote Wyrick. Further, "the United States has not identified a single historical law that is 'distinctly similar'" to the one barring marijuana users from possessing firearms.