Marijuana and Guns: Lawful or Unlawful
By Amelia Margolis
A Quick Summary
The Supreme Court of the United States (SCOTUS), recently ruled in a unanimous decision that a person’s Second Amendment right to bare arms cannot be revoked simply because of marijuana use. Mr. Hemani’s home was searched upon a suspicion of terrorism. He consented to the search, Federal agents found controlled substances such as marijuana and a firearm. He was then indicted under 18 U.S.C. § 922(g)(3). This statute states “”It shall be unlawful for any person– … who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));”18 U.S.C.A. § 922 (West). Mr. Hemani was facing up to 15 years in prison for this felony charge. He moved to dismiss the indictment stating that the law was unconstitutional. The Court held that this law violated Mr. Hemani’s Second Amendment rights and is unconstitutional.
What Does This Mean
The Supreme Court had to evaluate if the right was deeply rooted in our nation’s history, and if it falls under the text of the constitution. The court sought to analogize the Habitual Drunkard Laws, to owning a firearm while using a controlled substance. The Court reasoned that just because someone uses a controlled substance does not make them a dangerous person. In simpler terms, Hemani argued that the government could not treat every regular drug user the same way. The Defense claimed that history only supports limiting gun rights for people whose substance use is so serious that they cannot manage daily life or may pose a danger to others. Mere use of a controlled substance is not enough to revoke your rights. Your impairment from the substance must be so severe that you cannot function in daily life and can become a danger to others.
Steps Moving Forward
If you or someone you know is facing felony charges because of firearm ownership along with the use of a controlled substance, seek legal counsel immediately. Your constitutional rights might be in jeopardy. If you need a confident, client-centered defense team to protect your rights, please Contact Kirsch Daskas Law Group for a consultation and evaluation of your legal situation.
