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
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

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 ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

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 ...

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

News  

Monday, March 24, 2025

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

According to a recent report from Israeli newspaper Haaretz, Iranian-linked hackers were able to penetrate Israel’s databases containing sensitive gun owner data and leaked the information online in early February.

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

News  

Second Amendment  

Monday, March 31, 2025

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center, and an NRA member, filed a lawsuit challenging Colorado’s 6.5% excise ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

More Polish Citizens are Carrying Firearms for Self-Defense

News  

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 ...

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. 

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Thursday, April 3, 2025

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Yesterday, House Bill 3075 and House Bill 3076 were scheduled for a vote in the House Judiciary Committee. During the work session, the Committee Chair announced that the vote on these bills would be delayed until today, April 3rd, or ...

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.