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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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Report: Senior ATF Official Joins (Private) Firearm Prohibition Lobby

News  

Tuesday, September 2, 2025

Report: Senior ATF Official Joins (Private) Firearm Prohibition Lobby

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency whose jurisdiction encompasses federal firearms laws. 

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

News  

Tuesday, September 2, 2025

ABAs Latest Resolution Continues to Ignore Liberty and Hinder Justice for Gun Owners

Last month, the American Bar Association (ABA), via its Standing Committee on Gun Violence, passed yet another anti-gun resolution at their annual meeting in Toronto (the venue should serve as a clue regarding their commitment ...

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

News  

Monday, August 25, 2025

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

On the heels of the shocking and seemingly random murder of a couple in an Arkansas state park while they were walking a trail with their young children, many are revisiting their self-defense plans in the great ...

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Wednesday, August 27, 2025

Third Circuit Sua Sponte Takes NRA’s “Assault Firearm” and Magazine Ban Case En Banc

Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. New Jersey is an NRA-supported challenge to New Jersey’s prohibitions on so-called “assault firearms” and magazines that can hold more than 10 rounds.

The Delusion of Ignoring Criminals

News  

Tuesday, September 2, 2025

The Delusion of Ignoring Criminals

Is it something in the water? Officials in Democrat-run strongholds like Chicago are unwilling to accept that their crime problems are the result of their pro-criminal, anti-victim policies, including gun laws that restrict the rights ...

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

Tuesday, September 2, 2025

California: Action Needed! Anti-Gun Bills Could Receive Floor Votes Today!

On Friday, August 29th, the California Senate and Assembly Appropriations Committees advanced several anti-gun bills that could receive floor votes as early as today. Please use the TAKE ACTION button below to contact your state ...

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

News  

Monday, August 25, 2025

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

Our friends at the National Shooting Sports Foundation (NSSF) have reported that Everytown, an active and well-funded anti-gun organization, is now purporting to be branching out into teaching gun owners how to safely handle firearms.

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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.