Federal court rejects blanket firearm ban for cannabis consumers

Earlier this month, a federal appeals court ruled that the government cannot categorically prohibit cannabis consumers from possessing firearms, rejecting arguments that marijuana use alone justifies disarmament.

In a 2-1 decision, the United States Court of Appeals for the Eighth Circuit, Northern District of Iowa – Eastern, ruled against the federal government’s blanket ban on firearm ownership for cannabis consumers.

The case, United States v. Cooper, was heard before Circuit Judges Jonathan A. Kobes, David R. Stras, and Leonard S. Grasz, with Judge Stras writing the majority opinion.

The ruling determined that restricting firearm rights based solely on cannabis consumption contradicts historical legal precedents. Stras wrote, “Nothing in our tradition allows disarmament simply because [the defendant] belongs to a category of people, drug users, that Congress has categorically deemed dangerous.” The court emphasized that such constitutional questions must be assessed on a case-by-case basis rather than through broad prohibitions.

Stras further explained that historical precedent does not support a blanket prohibition against gun ownership for drug users.

“The only potential analogue that seemed to apply categorically was intoxication, but disarmament was not the remedy for it,” he wrote. “As Veasley discussed, intoxication has been prevalent throughout our nation’s history, but ‘earlier generations addressed th[at] societal problem’ by restricting when and how firearms could be used, not by taking them away.” He noted that only in the mid-20th century did laws begin targeting the risks of mixing firearms and drug use, adding that “disarming all drug users, regardless of the individual danger they pose, is not comparable to anything from around the time of the Founding.”

   

The decision challenges the federal government’s longstanding stance that cannabis consumers, even in states where marijuana is legal, are automatically barred from firearm ownership under a 1968 federal law that prohibits “unlawful users” of controlled substances from possessing guns.

This ruling follows similar decisions by the 5th Circuit Court of Appeals, which has twice ruled that Second Amendment rights cannot be revoked solely based on substance use.

In concluding the opinion, Judge Stras stated, “We accordingly vacate the district court’s judgment and remand for a reexamination of Cooper’s motion to dismiss the indictment.”

The full court ruling can be accessed here.