Breaking News: U.S. Appeals Court Rules Pot-Smoking Gun Owner Cannot Be Prosecuted for Violating Federal Ban on Drug Users Owning Firearms
In a groundbreaking decision, the New Orleans-based 5th U.S. Circuit Court of Appeals declared that it is unconstitutional to disarm a gun owner in Texas based on their past drug habits. The ruling cited the Second Amendment and a recent Supreme Court decision that expanded gun rights.
U.S. Circuit Judge Kurt Engelhardt emphasized that every citizen, including marijuana users, has a presumptive right to bear arms. While the government may restrict someone under the influence of drugs from having weapons, there is no historical justification for disarming a sober citizen not currently impaired.
The court's decision overturned all charges against Paola Connelly, except for one related to transferring firearms to someone using illegal drugs. The case stemmed from an incident where shots were fired at Connelly's home after a conflict between her husband and their neighbor.
Engelhardt referenced a recent Supreme Court ruling that established a new test for assessing firearm restrictions, requiring regulations to align with the nation's historical tradition of gun regulation. He noted that prior to the 19th Century, little regulation of drugs existed, and gun possession by regular drinkers was not prohibited.
Analysis: This ruling sets a precedent for gun owners with past drug habits, affirming their right to bear arms under the Second Amendment. It highlights the importance of historical context in assessing firearm regulations and could impact future cases involving drug users and gun ownership.