
The 5th Circuit Court of Appeals delivered a significant ruling on Wednesday, declaring that the federal law prohibiting marijuana users from owning firearms is unconstitutional. The court ordered the dismissal of charges against Paola Connelly, a Texas gun owner who admitted to occasional marijuana use.
The legal battle began when El Paso police responded to a “shots fired” call and found Connelly’s husband firing a shotgun. Officers discovered firearms and drug paraphernalia during their investigation, leading to charges against Connelly under 18 USC § 922(g)(3). This federal law bars any person who uses controlled substances from possessing a firearm. Connelly, who admitted to using marijuana for anxiety and sleep, was not intoxicated at the time.
The three-judge panel, which included two Trump appointees and one Biden appointee, ruled that the law violates Connelly’s Second Amendment rights. The judges argued that while it may be reasonable to limit firearm possession for those who are currently intoxicated, extending this restriction to those who are sober but have used marijuana in the past is not justified by historical precedent.
Government attorneys tried to defend the law by pointing to historical regulations that disarmed the mentally ill and dangerous individuals, but the court rejected these arguments. The panel found that non-violent marijuana users do not fit these categories, noting that similar restrictions did not exist during the Founding era.
The ruling currently applies to Louisiana, Mississippi and Texas, and could lead to broader challenges if upheld by higher courts.