Tenth Circuit Court Rules Federal Gun Ban for Marijuana Users Unconstitutional

The case stems from the 2022 arrest of Jared Harrison in Lawton, Oklahoma. Police pulled Harrison over for running a red light, claimed to smell marijuana, and searched his vehicle. They found a revolver, marijuana residue, joints, and THC gummies. Harrison, who worked at a dispensary but did not have a medical marijuana card, was charged with being an “unlawful user” in possession of a firearm. Harrison challenged the charge, arguing that the prohibition violates his constitutional right to bear arms. A lower court agreed, and the federal government appealed.

At the Tenth Circuit, the judges used the Supreme Court’s Bruen framework to test the law’s constitutionality. The government argued Harrison was not “law-abiding” and therefore not part of “the people” protected by the Second Amendment. The panel rejected that reasoning, stating that constitutional rights cannot be stripped from citizens simply for violating other laws.

The judges also noted the government failed to provide historical analogues showing that marijuana use justifies permanent disarmament. While the Supreme Court’s Rahimi decision allowed disarming people deemed dangerous, the panel found marijuana use alone does not prove someone is a threat.

The court upheld the dismissal of the case, leaving the federal ban unenforceable within its jurisdiction for now. The Justice Department can still seek an en banc review, appeal to the Supreme Court, or let the ruling stand.