NRA asks Supreme Court to review federal gun ban affecting marijuana users

Dean Rieck, Executive Director at Buckeye Firearms Association
Dean Rieck, Executive Director at Buckeye Firearms Association
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The National Rifle Association (NRA), together with the Independence Institute and FPC Action Foundation, has submitted an amicus brief to the U.S. Supreme Court, calling for the overturning of a federal law that prohibits firearm possession by marijuana users.

This action is related to United States v. Hemani, a case that questions the constitutionality of 18 U.S.C. § 922(g)(3). This statute bars individuals who are “an unlawful user of or addicted to any controlled substance” from possessing firearms. The restriction applies even in states where marijuana use is legal or permitted for medical reasons.

The Supreme Court agreed to review the case after the Fifth Circuit Court of Appeals ruled that applying this ban to Hemani, a marijuana user, was unconstitutional.

In their brief, the NRA and its partners argue: “Banning firearm possession by marijuana users who are not intoxicated is unconstitutional because it lacks any grounding in America’s historical tradition of firearm regulation. Historically, legislatures addressed the risks associated with firearms and intoxicants through narrow, conduct-based restrictions — temporarily limiting the carry, use, or purchase of firearms while a person was intoxicated — rather than categorically disarming individuals based on their status as users. Laws that completely disarmed Americans were always based on dangerousness, yet in this case the government has made no serious effort to establish any connection between marijuana use and dangerousness.”

The outcome of this case could have implications for gun rights laws across different states.

Buckeye Firearms Association is a grassroots organization focused on protecting and promoting firearm rights in Ohio. According to its official website, it advocates for individual ownership and use of firearms for purposes such as self-defense, hunting, competition, and recreation. The association provides news updates about legislation and politics affecting gun rights and delivers information about training opportunities and events within Ohio. As stated on its website, Buckeye Firearms Association functions as an authoritative source on firearm-related matters in Ohio.

A class sponsored by Buckeye Firearms Association called “Protecting Houses of Worship” is scheduled for March 14 in Mansfield.



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