A federal judge in El Paso has ruled that the U.S. government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court this week allowed the man to withdraw the plea and ordered that the indictment against him be dismissed.
The new ruling stops short of declaring that the law against firearm ownership by cannabis users—18 U.S.C. § 922(g)(3)—is itself unconstitutional. As applied to the defendant in the case, however, it says that government lawyers failed to demonstrate that the restriction aligns with the nation’s history of regulating gun ownership, noting that that they did “nothing in the way of proving that Defendant was intoxicated by marijuana at the time of this incident.”
David Briones, a senior U.S. District Court judge for the Western District of Texas, also acknowledged in the decision that the legal landscape around marijuana and the Second Amendment had evolved since the court first accepted the guilty plea. In the interim, the U.S. Court of Appeals for the Fifth Circuit, which includes Texas, ruled that while “some limits on a presently intoxicated person’s right to carry a weapon” may be constitutional, “disarming a sober person based on past substance usage” is not.
That case, U.S. v. Daniels, was set to be considered by the U.S. Supreme Court earlier this year but was among a number of firearms-related cases remanded back to lower courts following a separate Supreme Court decision about firearms and domestic violence.
“In the past two years alone,” Briones, a Clinton appointee, wrote in the new ruling, “the Fifth Circuit and the United States Supreme Court have heard and considered the following cases: Daniels, Rahimi, and Bruen. These cases have changed the law when it comes to the Second Amendment, and in the case of Daniels, have challenged the constitutionality of the very statute under which Defendant is charged.”
In the case, the El Paso Police Department responded to a 2021 call at the defendant’s home, entered the house and found two bags of marijuana. A search also found multiple guns inside the home. The defendant allegedly told officers that he’d used marijuana regularly for years and understood it was illegal to have both a medical marijuana card and a gun.
After the guilty plea, the defendant appealed his case to the Fifth Circuit, which later remanded it back to the district court in light of the recent precedent-setting opinions.
“This court now has a fuller picture of the Second Amendment jurisprudence as it stands today,” the order says, “and has reconsidered its position.”
Hellbound and Down 