Federal Judge Rules Banning Firearms For Marijuana Users Is Unconstitutional

Last month, a Trump appointed judge from the U.S. District Court of the Western District of Oklahoma held that the statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. On Friday, March 3, 2023, the Department of Justice filed its Notice of Appeal, informing the trial court that it would be challenging its ruling in the U.S. Court of Appeals for the Tenth Circuit.

In his ruling the trial judge found that the historical examples that the Justice Department relied on to make the case that the ban is not unconstitutional—including references to antiquated case law preventing Catholics, loyalists, slaves and Indians from having guns—”misses the mark” and “cannot provide the basis for a historical analogue.”