Gun Rights Groups Sue Pennsylvania Over Veteran’s Carry License Denial Tied to 1994 Marijuana Conviction
- Gun Owners of America and the Gun Owners Foundation filed a federal lawsuit challenging a Pennsylvania law that permanently bars individuals with certain old drug convictions, including minor marijuana possession, from obtaining a firearm carry license.
- The lawsuit, filed on behalf of Air Force veteran Craig Philips who was convicted of minor marijuana possession in 1994, argues that despite being legally eligible to own firearms, he was denied a carry license due to the state's background-check restrictions.
- The plaintiffs argue the lifetime carry license ban for minor, nonviolent drug offenses violates the Second and Fourteenth Amendments and seek to prevent Pennsylvania from applying these restrictions without current evidence of danger.
- The case cites recent Supreme Court rulings and challenges Pennsylvania’s inability to justify a historical tradition for permanently denying carry rights based on minor, decades-old drug convictions, potentially impacting many similarly situated residents.
(Photo credit: jirkaejc/Newscom).
Gun Owners of America and the Gun Owners Foundation have filed a federal lawsuit on behalf of an Air Force veteran challenging a Pennsylvania law that permanently bars people with certain drug convictions, including a minor marijuana possession offense from more than 30 years ago, from obtaining a license to carry a firearm.
The lawsuit was filed July 7 in the U.S. District Court for the Western District of Pennsylvania on behalf of Craig Philips, a Butler County resident. It names acting Pennsylvania State Police Commissioner George Bivens and Butler County Sheriff Michael Slupe as defendants.
Philips served in the Air Force from 1989 until receiving an honorable discharge in 1992 following the Gulf War. In 1994, he was convicted of possessing a small amount of marijuana, an ungraded misdemeanor carrying a maximum penalty of 30 days in jail, a $500 fine or both.
According to the complaint, Philips has not used marijuana or other unlawful drugs since the conviction and has not been convicted of another crime. He later worked for approximately 12 years as an air-conditioning equipment mechanic for the Department of Veterans Affairs before retiring.
Philips remains legally eligible to purchase and possess firearms and has passed the required background checks when purchasing handguns. However, his 2024 application for a Pennsylvania License to Carry Firearms was denied because the state’s background-check system treated the marijuana conviction as a disqualifying offense.
Pennsylvania law prohibits authorities from issuing a carry license to anyone convicted of an offense under the state’s Controlled Substance, Drug, Device and Cosmetic Act. The restriction applies regardless of the seriousness of the offense, whether it was violent or how much time has passed.
The complaint emphasizes that the plaintiffs are not challenging restrictions involving serious drug offenses that independently prohibit someone from possessing firearms under state or federal law. Instead, the lawsuit focuses on people such as Philips who remain legally eligible to own firearms but are permanently prohibited from obtaining a carry license because of relatively minor drug convictions.
Although Philips may legally own a handgun, the lack of a carry license restricts his ability to carry it for self-defense. Pennsylvania generally requires a license to carry a concealed firearm or transport a loaded handgun in a vehicle. A license is also generally required to carry openly or concealed in Philadelphia and to carry on public property during a declared state of emergency.
The lawsuit argues that imposing a lifetime restriction based on a single, nonviolent marijuana conviction violates the Second and 14th amendments. The plaintiffs are seeking orders preventing Pennsylvania officials from denying Philips a license because of the 1994 conviction without current, individualized evidence that he poses a danger to public safety.
They are also asking the court to block the state from applying the restriction to others who remain legally eligible to possess firearms, including those convicted of possessing a small amount of marijuana.
The challenge cites the U.S. Supreme Court’s recent decision in United States v. Hemani, involving the federal prohibition on firearm possession by unlawful drug users, as well as the historical-analysis standard established in New York State Rifle & Pistol Association v. Bruen.
The plaintiffs contend Pennsylvania cannot identify a historical tradition supporting the permanent denial of public carry rights to someone whose only disqualifying offense was minor marijuana possession more than three decades ago and who is not currently considered dangerous.
The case is titled Philips v. Bivens, case number 2:26-cv-01458. A ruling in the plaintiffs’ favor could affect other Pennsylvania residents who may legally possess firearms but remain ineligible for carry licenses because of old, nonviolent drug convictions.