The Trump administration is asking a federal court to dismiss one of multiple pending cases concerning marijuana and gun rights, in large part because it expects the U.S. Supreme Court to make a precedent-setting ruling on the issue.
In a filing with the U.S. District Court for the Western District of Oklahoma on Tuesday, attorneys for the Justice Department urged a judge to dismiss a case “without prejudice” that involves a man charged in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop.
Attorneys for the man, Jared Michael Harrison, also want the court to dismiss the case—but they take issue with DOJ’s specific request, as dismissing the case without prejudice would mean he could be prosecuted again. And they criticized the government’s arguments in support of its motion, noting that the department relied heavily on the length of the court battle that’s lasted three years. The lawyers also challenged the idea that outstanding Supreme Court cases that similarly deal with cannabis and federal firearms laws justify dismissal without prejudice.
But according to the federal government, the request would be “in the interest of justice,” while recognizing that the constitutionality of the statute in question–18 U.S.C. § 922(g)(3)—”remains open both in this case and in the country as a whole. ”
“There are currently seven petitions for certiorari pending before the Supreme Court challenging the constitutionality of § 922(g)(3) under the Second Amendment, six of which involve as-applied challenges, and are a mix of petitions filed by the United States and criminal defendants,” DOJ said, adding that they expect there’s a “reasonable likelihood that the Supreme Court will grant certiorari” in at least one of the pending cases.
“Continuing to pursue this case at this time would needlessly waste judicial and prosecutorial resources,” the government’s filing said.
Hellbound and Down 