Explore The NRA Universe Of Websites

APPEARS IN News

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one who is an unlawful user of or addicted to any controlled substance{.]” The substance in question was marijuana. The case, U.S. v. Daniels, adds to a growing body of law critically re-examining broad prohibited person” statutes under the U.S. Supreme Courts “ text, history and tradition” standard of review for Second Amendment cases reaffirmed in New York State Rifle & Pistol Association v. Bruen.

In April 2022, police officers pulled over Patrick Daniels, Jr., for driving without a license plate. One smelled marijuana while approaching the vehicle, searched it, and found burnt butts from several marijuana cigarettes in the ashtray. He also found two loaded firearms, one within arms reach and one nearby in the trucks back seat.

Daniels was arrested and transported to the local U.S. Drug Enforcement Agency office. He waived his Miranda rights and admitted he had been a regular marijuana user since high school, smoking the drug approximately fourteen days out of a month.” The agents did not, however, ascertain or render an opinion as to whether Daniels was under the influence of marijuana at the time of his arrest.

Daniels was charged under 18 U.S.C. 922(g)(3) (which codifies the above-mentioned prohibition), convicted, and sentenced to nearly four years in federal prison. Daniels successfully appealed his conviction, with a prior Fifth Circuit opinion finding that applying 922(g)(3) to his case violated the Second Amendment.

But the U.S. Supreme Court overturned that opinion and ordered the Fifth Circuit to rehear Danielss case in light of the high courts opinion in U.S. v. Rahimi, which held that [w]hen an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed” consistent with the Second Amendment. Rahimi had been convicted under a different federal statute that applies to a person subject to a domestic violence order of protection, issued after a finding that the person represents a credible threat to the physical safety of [an] intimate partner or child [of such intimate partner.]”

Mondays opinion was the result of the Fifth Circuits reconsideration of its prior decision in Daniels. As before, the Fifth Circuit determined that 922(g)(3) was not per se unconstitutional and allowed the statute itself to stand. The judges agreed the statute could be validly applied where the accused was determined to be actively impaired by illegal drug use at the time of the firearm possession.  They also agreed it could not be constitutionally applied where it seeks to disarm an individual solely based on habitual or occasional drug use.’”

Circuit Judge Jerry Smith, who authorized Mondays opinion, further opined 922(g)(3) might be applicable where the illegal drug use was so regular and heavy that it rendered the person continually impaired,” even when not acutely intoxicated.

In Danielss case, however, the jury was allowed to find him guilty on a determination that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct.” This language was included in a regulation ATF promulgated to implement 922(g)(3). Yet the Daniels court found it doom[ed his} conviction” because it could apply to the sort of habitual or occasional drug use” that has no historical basis under the Second Amendment as grounds for a lifetime firearm prohibition.

The Fifth Circuits decision is especially relevant, given the nations shifting legal landscape over marijuana possession and use. A marijuana advocacy group reports that 28 U.S. states and territories now allow for legal marijuana use under at least some circumstances. The number increases to 47 states and territories where only medical use is considered.

Marijuana use is no longer limited to the domain of indigenous religious customs or youth-oriented counterculture and now includes a wide variety of people who use it for medicinal or recreational reasons. Many of these individuals are otherwise law-abiding and productive members of their communities and want to exercise their right to keep and bear arms. 

Yet federal law continues to ban outright the cultivation, possession, and distribution of marijuana, as well as the possession of marijuana paraphernalia.

This has led to a confusing regulatory landscape. The Biden-Harris administration, for example, has taken a hands-off approach to enforcing federal laws in the context of marijuana commerce or use that is lawful in the jurisdiction in which it occurs. Yet the ATF has since the Obama-Biden administration remained contradictorily committed to enforcing 922(g)(3) against marijuana users, even those complying with the laws of their states.

Whatever position one takes on the use of marijuana, Americans deserve laws that are clear, that are consistently and fairly applied, and that comply with the U.S. Constitution, as it was understood when it was adopted and amended in relevant respects. As the Daniels case indicates, the country is still struggling to reach that standard when it comes to marijuana use and firearms. 

TRENDING NOW
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Canada’s Gun Confiscation: Still Grasping for Solutions?

News  

Tuesday, May 13, 2025

Canada’s Gun Confiscation: Still Grasping for Solutions?

Last year, we wrote about how several previous enforcement schemes for Canada’s Liberal government’s 2020 gun ban and confiscation appeared to have fizzled out. 

House Committee on Ways and Means Advances Legislation Involving Suppressors

News  

Wednesday, May 14, 2025

House Committee on Ways and Means Advances Legislation Involving Suppressors

Early this morning, The House Committee on Ways & Means, led by Chairman Jason Smith (R-MO-08) finished a markup of their section of the Reconciliation Bill. Included in this legislation was a provision which would ...

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

News  

Tuesday, May 13, 2025

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

Some of us remember our days as kids, when the adults in our lives would tell us before bedtime, “Brush your teeth, and say your prayers.”

Rhode Island: Semi-Auto Ban Being Pushed in Both Chambers

Thursday, May 15, 2025

Rhode Island: Semi-Auto Ban Being Pushed in Both Chambers

On Wednesday, May 14th, the Senate Judiciary Committee held a lengthy hearing on S.359, a sweeping semi-auto ban falsely dubbed an “assault weapons ban.” If passed, this legislation would ban scores of commonly owned rifles, ...

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Friday, May 16, 2025

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Despite strong support from the Arizona Legislature, Governor Katie Hobbs has vetoed Senate Bills 1014, 1020, and 1143, each of which sought to protect and enhance the rights of law-abiding gun owners in the Grand Canyon ...

NRA Takes Fight to Defend the Constitutional Rights of Young Adults to the U.S. Supreme Court

News  

Second Amendment  

Friday, May 16, 2025

NRA Takes Fight to Defend the Constitutional Rights of Young Adults to the U.S. Supreme Court

Today, the National Rifle Association of America (NRA) filed a Petition for Certiorari in NRA v. Glass, asking the U.S. Supreme Court to hear its challenge to Florida’s prohibition on firearm purchases by adults under ...

Rocky Times for Gun Owners in the Rocky Mountain State

News  

Tuesday, May 13, 2025

Rocky Times for Gun Owners in the Rocky Mountain State

As the Colorado legislative session closes, its 2025 edition will long be remembered and lamented as a historic assault on the Second Amendment.

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Oklahoma: Governor Stitt Signs Defensive Display Legislation

Friday, May 16, 2025

Oklahoma: Governor Stitt Signs Defensive Display Legislation

Yesterday, May 15th, Governor Kevin Stitt signed House Bill 2818, expanding self-defense protections.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.