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Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

Tuesday, February 18, 2025

Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

The U.S. Supreme Court’s landmark ruling in the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022) continues to play a critical role in cases related to Second Amendment rights. On February 5, the U.S. Court of Appeals for the Eighth Circuit pared back the federal government’s blanket ban on all illegal drug users (even those who use marijuana in accordance with state law) possessing firearms.

Justice Clarence Thomas’s opinion in Bruen made clear that for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. The opinion stated,

[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

This has correctly prompted a reappraisal of the categories of people prohibited from possessing firearms enumerated in federal law at 18 U.S.C. 922(g). In the historical tradition, the government could bar individuals who have been found to be dangerous from possessing firearms. However, the federal prohibited persons categories go well beyond this understanding.

The Eighth Circuit case of U.S. v. Cooper concerned a gentleman who fell under the 18 U.S.C. 922(g)(3) prohibition on anyone “who is an unlawful user of or addicted to any controlled substance” for regularly smoking marijuana.

This prohibition has come under increasing scrutiny in recent years, as states have sought to liberalize their laws concerning marijuana. The Centers for Disease Control and Prevention notes that “47 states… allow for the use of cannabis for medical purposes.” However, federal law still prohibits marijuana possession, making those who use it, even in accordance with state law, subject to the sweeping 922(g)(3) prohibition. The Eighth Circuit panel concluded that the 18 U.S.C. 922(g)(3) prohibition at least sometimes violates the Second Amendment as applied to some drug users.

The Eighth Circuit panel acknowledged that some drug users can be barred from possessing firearms consistent with the Second Amendment when their conduct is akin to that of the severely mentally ill who could be committed or those “taking up arms to terrify the people,” which were historic causes for disarmament.

Explaining the mental illness analogy, the court stated,

The “behavioral effects” of mental illness and drug use can “overlap”… but only the subset of the mentally ill who were dangerous faced confinement and the loss of arms… It follows that, for disarmament of drug users and addicts to be comparably “justifi[ed],” it must be limited to those “who pose a danger to others.”… The analogy is complete, in other words, for someone whose “regular use[] of... PCP... induce[s] violence,” but not for a “frail and elderly grandmother” who “uses  marijuana for a chronic medical condition.”

Further explaining the “taking up arms to terrify the people” analogy, the court stated that the historic restriction was “a mechanism for punishing those who had menaced others with firearms.”

The court went on to explain,

Sometimes disarming drug users and addicts will line up with the case-by-case historical tradition, but other times it will not … The district court’s task on remand is to figure out which side of the Second Amendment line Cooper’s case falls on.

It is important to note, as the preceding passage suggests, the Eighth Circuit’s ruling was on an as-applied basis, meaning that the individual facts of a case will matter in determining whether the blanket unlawful user firearm prohibition applies to an individual. However, the Eighth Circuit’s more nuanced approach to 18 U.S.C. 922(g)(3) prohibition, meaningfully taking into account the historic tradition of firearm restrictions, is welcome evidence that following Bruen the lower federal courts are starting to treat the Second Amendment right with the respect it deserves.

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The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

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Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

Scary Stories from the Crypt Keepers at Big Gun Control

News  

Monday, October 19, 2026

Scary Stories from the Crypt Keepers at Big Gun Control

‘Tis the Halloween season of fear and disguise, and, in step with the holiday, the gun control ghouls are embracing a familiar tradition of their own. When facts aren’t quite frightening enough, firearm prohibitionists often ...

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

News  

Wednesday, October 14, 2026

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

Not every important Second Amendment or hunting policy fight begins with a bill number.

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

News  

Monday, October 19, 2026

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

Our regular readers understand what should be axiomatic for all:  Violent criminals cannot prey on law-abiding citizens if they are behind bars.  Unfortunately, we are hearing more and more regularly that many in our criminal ...

Polls Show Electorate’s Interest in Gun Control Waning

News  

Monday, October 19, 2026

Polls Show Electorate’s Interest in Gun Control Waning

In late July, the White House announced that through the first half of 2026, homicides were “on pace for the lowest level in at least 126 years.” In mid-August, the FBI released data showing that ...

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

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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.