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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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Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

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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 ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

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Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

Saturday, March 29, 2025

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, passed the final vote on the Senate floor, concurring in the House amendments. 

Just One More Step: Australia’s New Weapon Laws

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Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

More Polish Citizens are Carrying Firearms for Self-Defense

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Monday, March 31, 2025

More Polish Citizens are Carrying Firearms for Self-Defense

Certain parts of the world—sadly, without any specifically recognized right to arms—have been moving closer to accepting the fact that firearms in the hands of law-abiding citizens is not the inherently dangerous concept promoted by ...

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

President Trump Works to Expedite D.C. Carry Permits

News  

Monday, March 31, 2025

President Trump Works to Expedite D.C. Carry Permits

On March 27, President Donald J. Trump signed a wide-ranging executive order titled, “Making the District of Columbia Safe and Beautiful.”

Canada: A Fresh Gun Ban as Trudeau Exits

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Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

Friday, March 28, 2025

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

The Statehouse was flooded with yellow as Ocean State gun owners turned out in massive numbers to oppose a sweeping gun ban. On Wednesday, the House Judiciary Committee held a lengthy hearing to consider H.5436, a ...

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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.