NRA Files Brief Supporting Cannabis Users' Gun Rights in Supreme Court Case
Gun lobby joins cannabis reform groups challenging federal firearms ban
The National Rifle Association has filed an amicus brief with the U.S. Supreme Court arguing that federal restrictions preventing cannabis consumers from owning firearms violate the Second Amendment—a rare alignment between the gun lobby and marijuana reform organizations.
The brief marks a significant development in ongoing litigation challenging 18 U.S.C. § 922(g)(3), which prohibits anyone who uses controlled substances from possessing firearms. The NRA's position puts it alongside drug policy reform groups that have long argued the provision unfairly targets legal cannabis users in states where marijuana is permitted.
"This case presents fundamental questions about constitutional rights," the filing states, according to court documents. The brief argues that historical precedent doesn't support blanket disarmament of citizens based solely on cannabis use—particularly in jurisdictions where such use is legal under state law.
The Legal Landscape
The numbers tell the story: 24 states have legalized adult-use cannabis, and 38 states permit medical marijuana programs. Yet federal law still classifies cannabis as a Schedule I controlled substance, creating a legal paradox where millions of Americans face potential felony charges for exercising both their Second Amendment rights and state-legal cannabis consumption.
The prohibition carries serious consequences. Lying on ATF Form 4473—the federal firearms purchase form that explicitly asks about unlawful drug use—constitutes a felony punishable by up to 10 years in prison. Gun owners who use cannabis, even in legal states, technically violate federal law every time they possess a firearm.
Market watchers note the issue affects a substantial portion of the firearms industry's customer base. Industry surveys suggest significant overlap between gun ownership and cannabis consumption, particularly in Western states where both activities enjoy strong cultural support.
Industry and Civil Liberties Coalition
The NRA's brief joins submissions from the National Organization for the Reform of Marijuana Laws (NORML), the Marijuana Policy Project, and several civil liberties organizations. This coalition represents an unusual cross-section of typically divergent political interests.
Cannabis industry executives have quietly followed the case with keen interest. Legal cannabis businesses operate under constant federal scrutiny despite state-level legalization, and many business owners—particularly in rural areas—face the same constitutional dilemma as consumers.
The case also highlights tensions within federal cannabis policy. While the Biden administration has initiated marijuana rescheduling proceedings that could move cannabis to Schedule III, the gun ownership prohibition would likely remain in place even under that scenario.
What's Next
Oral arguments haven't been scheduled yet, but the Supreme Court's decision to hear the case signals potential willingness to reconsider post-Bruen applications of gun restrictions. The Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen established a new historical analysis framework for Second Amendment cases, requiring gun regulations to align with the nation's historical tradition of firearms regulation.
Legal analysts suggest the justices could issue a narrow ruling focused specifically on cannabis users, or potentially establish broader principles affecting other prohibited persons categories under federal gun law. Either outcome would have significant implications for both the cannabis and firearms industries.
The case represents yet another front in the ongoing collision between state cannabis legalization and federal prohibition. With congressional reform efforts stalled, advocates increasingly look to the courts to resolve these conflicts.
A decision is expected by June 2025, assuming the Court hears arguments this term. The ruling could affect an estimated 50 million Americans who live in legal cannabis states and own or wish to own firearms.
This article is based on original reporting by www.marijuanamoment.net.
Original Source
This article is based on reporting from Marijuana Moment.
Read the original articleOriginal title: "NRA Joins Marijuana Groups Urging Supreme Court To Overturn Ban On Gun Ownership By Cannabis Consumers As Unconstitutional"
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