The government maintained that marijuana users had no Second Amendment rights because they were untrustworthy
The federal statute that forbids marijuana users from owning weapons has been deemed unlawful by a federal court in Oklahoma. This is the most recent challenge to gun possession measures since the conservative majority in the Supreme Court established new criteria for evaluating the nation's gun controls.
Attorneys for Jared Michael Harrison claimed that a federal statute prohibiting handgun possession by those who are either "unlawful users of controlled substances or addicts" constituted a violation of the client's Second Amendment liberty to carry firearms.
Harrison's Second Amendment argument
Jared Michael Harrison, an employee at a marijuana shop in Oklahoma, was arrested for driving past a red light in May 2022. The police discovered drugs and a loaded pistol in his vehicle. While medicinal marijuana is permitted in Oklahoma, Harrison was not a registered patient and was consequently arrested for violating the law.
Although certain states have passed legislation to allow marijuana for medical or recreational use, all users are still subject to this regulation, which was initially enacted under the Gun Control Act of 1968. Harrison fought the federal prosecution on the grounds that it violated his right to bear arms, as guaranteed by the Second Amendment.
Lawyers who sided with Harrison's position
Patrick Wyrick, a federal judge in Oklahoma City, OK, sided with Harrison's legal team. Wyrick argued that the government couldn't claim Jared Harrison's position as a marijuana user merits taking away his Second Amendment right to own a gun because it can safeguard the community from harmful persons holding guns.
Public defender Laura Deskin, who represented Harrison, said the finding was a good one because it protected the rights of a lot of people who should have the same rights to bear guns and safeguard their families as everyone else. She stated that marijuana was the most widely used substance despite being federally outlawed.
What do you think? Is firearm possession safe when it comes to regular citizens?
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