In a significant ruling, the 5th U.S. Circuit Court of Appeals has declared that a Texas resident cannot be prohibited from owning firearms due to past marijuana use. The decision, issued on Wednesday, clarifies that past drug use does not automatically strip individuals of their Second Amendment rights.
This ruling stems from the case of Paola Connelly, who faced legal charges in December 2021 after authorities discovered several firearms in her home. The court determined that disarming Connelly based on her previous marijuana use would violate her constitutional rights. This stance is supported by a 2022 Supreme Court decision that broadened protections for gun ownership.
Circuit Judge Kurt Engelhardt, in his opinion, emphasized that Connelly, regardless of her past cannabis use, is a member of the political community and therefore entitled to the presumptive right to bear arms. He further argued that historical precedent does not support the disqualification of sober individuals from gun ownership.
While the court dismissed the charges against Connelly related to her past marijuana use, a separate charge regarding the transfer of firearms to an individual using illegal drugs remains active.
This appellate ruling aligns with the Supreme Court’s 2022 decision in *New York State Rifle & Pistol Association v. Bruen*, which held that modern firearm laws must adhere to the nation’s long-standing traditions of firearm regulation. Judge Engelhardt highlighted that historical regulations on drug users owning guns were not particularly stringent, drawing parallels to the minimal early regulations surrounding alcohol and gun ownership.
The U.S. Department of Justice has yet to comment on the ruling, which could have significant implications for federal gun ownership eligibility standards. This decision could impact millions of Americans who legally use cannabis under state laws but face federal legal uncertainty.
The ongoing legal landscape surrounding gun ownership and marijuana use remains complex, prompting further examination and potentially new legislation to address the evolving legal landscape.
