In a landmark decision, the 5th Circuit Court of Appeals ruled Wednesday that a federal law preventing marijuana users from owning firearms is unconstitutional. The court dismissed charges against Paola Connelly, a Texas resident who occasionally uses marijuana, citing a violation of her Second Amendment rights.
Connelly was charged under 18 USC § 922(g)(3), which bars anyone who uses controlled substances from possessing firearms. The case began after police responded to a “shots fired” call in El Paso and found her husband firing a shotgun. During their investigation, authorities discovered firearms and drug paraphernalia in the home. Although Connelly admitted to using marijuana as a sleep aid and for anxiety, she was not under the influence at the time.
The three-judge panel, consisting of two Trump appointees and one Biden appointee, ruled that the law imposes an unconstitutional burden on Connelly’s rights. They stated that while it is reasonable to restrict firearm possession for those who are currently intoxicated, extending this to those who are sober but have used marijuana in the past goes too far.
Federal prosecutors attempted to justify the law by citing historical regulations that disarmed the mentally ill and dangerous individuals. However, the court found that these arguments did not apply to non-violent marijuana users, noting that similar laws did not exist during the Founding era.
This ruling currently applies to Louisiana, Mississippi and Texas but could lead to broader legal challenges if upheld by higher courts.
