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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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Redditors Embarrass Virginia Assembly’s Chief Gun Banner

News  

Tuesday, September 8, 2026

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

In late August, Virginia State Delegate Dan Helmer (D-10), who represents a portion of the Northern Virginia D.C. suburb of Fairfax County, took to Reddit for an “ask me anything” (AMA) question and answer session.

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

News  

Tuesday, September 8, 2026

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

Economics has a concept called “revealed preference.” The gist is that a person’s observed actions reveal more about their preferences than what a person might profess to favor. 

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

News  

Tuesday, September 8, 2026

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

The federal government’s promise to provide a pathway to restore firearm rights is no longer merely a commitment on paper. 

NRA Files Amicus Brief in Supreme Court “Assault Weapons” Cases

Saturday, September 5, 2026

NRA Files Amicus Brief in Supreme Court “Assault Weapons” Cases

The National Rifle Association, alongside the Independence Institute and the American Suppressor Association, filed an amicus brief on Friday in the consolidated cases Viramontes v. Cook County and Grant v. Higgins, which challenge the "assault weapons” bans ...

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

News  

Tuesday, September 8, 2026

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

One of the narratives invented by gun control activists and their political allies to try to make their agenda more palatable to the general public has been to recast gun crime as a “public health ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

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 ...

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

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, ...

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

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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.