Buckeye Reporter

A Texas judge has dismissed a case against Adrian Gil, II, who was arrested for owning firearms while using marijuana. The dismissal was based on Second Amendment concerns.

The incident began on July 15, 2021, when the El Paso Police Department responded to a call about a fight at a private residence. Upon entering the home, officers found large bags of marijuana and subsequently obtained a search warrant. During the search, several firearms were discovered. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Gil for possessing firearms as a user of marijuana.

Despite having a medical marijuana card from New Mexico, Gil acknowledged knowing it is illegal to own guns while using marijuana. He stated he “just like[s] good weed.” Following his arrest, Gil pleaded guilty in criminal court and was sentenced to 36 months in prison with three years of supervised release.

Gil appealed the decision to the Fifth Circuit Court of Appeals after the Supreme Court's Bruen decision, which requires firearm laws to align with historical regulations from the founding era. The appeals court ruled that the government failed its burden of proof and vacated Gil's guilty verdict.

The court allowed Gil to withdraw his guilty plea due to changes in Second Amendment jurisprudence following the Bruen decision. Subsequently, the judge applied the Bruen test instead of intermediate scrutiny and determined that banning marijuana users from owning guns is likely unconstitutional.

The order stated: "The court finds that defendant has provided a fair and just reason to allow him to withdraw his plea of guilty, and the government has not met its burden to demonstrate that 18 U.S.C. § 922(g)(3) has a historical analogue similar enough to justify disarming defendant."

With this ruling, Mr. Gil was released and can resume his life without further legal repercussions regarding this case.