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Thread: Weed users win

  1. #1
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    Default Weed users win

    Marijuana user cannot be banned from gun ownership, US court rules
    By Nate Raymond
    August 28, 20245:35

    A U.S. appeals court on Wednesday ruled that a pot-smoking gun owner in Texas cannot be prosecuted for violating a federal ban on users of illegal drugs owning firearms, saying it is unconstitutional to disarm her based on her past drug habits.

    The New Orleans-based 5th U.S. Circuit Court of Appeals said, opens new tab the prosecution had violated Paola Connelly's right to keep and bear arms under the U.S. Constitution's Second Amendment citing a landmark 2022 U.S. Supreme Court ruling that expanded gun rights.
    "Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms," U.S. Circuit Judge Kurt Engelhardt, an appointee of Republican former President Donald Trump, wrote for a three-judge panel.

    Engelhardt said that while the government may be allowed to bar someone currently under the influence of drugs from having weapons, "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

    The ruling partly upheld a judge's decision to toss on Second Amendment grounds all of the charges Connelly faced. The panel revived a separate charge that she violated a ban on transferring firearms to someone using illegal drugs.


    https://www.reuters.com/legal/mariju...ules-2024-08-2

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