In a recent filing with the U.S. Supreme Court, the Trump-led Department of Justice (DOJ) is doubling down on arguments made under former President Joe Biden that users of illegal drugs—including marijuana—”pose a clear danger of misusing firearms.”
That risk, DOJ contends, justifies the longstanding federal prohibition on gun ownership by drug consumers—known as Section 922(g)(3)—despite the Constitution’s broad Second Amendment protections.
In a petition for review by the high court, U.S. Solicitor General D. John Sauer argues that despite recent appeals court decisions calling the constitutionality of the firearms ban into question, the restriction is nevertheless lawful.
In a recent filing with the U.S. Supreme Court, the Trump-led Department of Justice (DOJ) is doubling down on arguments made under former President Joe Biden that users of illegal drugs—including marijuana—”pose a clear danger of misusing firearms.”
That risk, DOJ contends, justifies the longstanding federal prohibition on gun ownership by drug consumers—known as Section 922(g)(3)—despite the Constitution’s broad Second Amendment protections.
In a petition for review by the high court, U.S. Solicitor General D. John Sauer argues that despite recent appeals court decisions calling the constitutionality of the firearms ban into question, the restriction is nevertheless lawful
“Section 922(g)(3) complies with the Second Amendment,” the government’s June 2 filing in the case, U.S. v. Hemani, says. “That provision targets a category of persons who pose a clear danger of misusing firearms: habitual users of unlawful drugs.”
Some lower courts have said the government’s blanket ban on gun and ammunition possession infringes on the Second Amendment—at least as applied to certain individual cases—because there’s no historical justification for such a broad restriction on an entire category of people.
Read more at Marijuana Moment