Wednesday, May 22, 2024

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Biden Administration Continues Fight Against Gun Owners And Legal Cannabis Posession

In a legal battle that has sparked controversy and ignited debates surrounding the intersection of cannabis use and gun ownership, the Biden administration finds itself once again in federal court defending a ban preventing individuals who use marijuana from buying or possessing firearms.

The Justice Department submitted a brief to the U.S. Court of Appeals for the Third Circuit, arguing that historical precedent supports the restriction, likening it to past limitations on the mentally ill and habitually drunk during the era of the Second Amendment’s ratification in 1791. The government contends that such analogies provide a solid foundation for restricting gun rights for cannabis users.

The case before the Third Circuit involves Erik Matthew Harris, convicted of violating the federal statute prohibiting firearm possession by an “unlawful user of or addicted to any controlled substance.” Harris’s legal team challenges the conviction, disputing both the substance of the charge and the relevance of historical analogues to support the ban.

The government’s arguments assert a correlation between marijuana use and certain mental illnesses, justifying the temporary disarmament of habitual drug users. The brief suggests that the risks extend beyond mishandling firearms under the influence and include potential criminal activities related to drug habits, violence within the drug culture, attacks on law enforcement, and suicide.

This legal battle is not isolated, as several federal courts have deemed the marijuana-related ban unconstitutional, prompting the Justice Department to appeal in ongoing cases. The debate echoes in other jurisdictions, such as Florida, where a case focuses on the Second Amendment rights of medical cannabis patients.

Notably, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has raised concerns about state laws permitting medical cannabis patients to obtain concealed carry licenses, emphasizing the perceived risks involved.

The legal landscape also intersects with political efforts, as Republican lawmakers introduce bills addressing the nexus between gun ownership and marijuana use. Rep. Brian Mast seeks to protect the Second Amendment rights of marijuana users in legal states, while Senate Majority Leader Chuck Schumer considers attaching such legislation to a broader marijuana banking bill.

As these legal and legislative battles unfold, the contentious relationship between cannabis use and firearm ownership continues to be a focal point of national debate.

Read the whole article here.

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