Oklahoma Judge Rules Ban on Marijuana Users Owning Guns is Unconstitutional

Iesha February 6, 2023 News Leave a comment

Following the U.S. Supreme Court’s new standard on evaluating gun laws, an Oklahoma judge has ruled that denying marijuana users the right to possess firearms is unconstitutional.

The indictment against a man accused of violating the ban was dismissed Friday by U.S. District Judge Patrick Wyrick after lawyers argued their client’s Second Amendment right to bear arms was being violated by a law that makes it illegal for “unlawful users or addicts of controlled substances” to own firearms.

Wyrick argued that the government could prevent dangerous people from possessing guns. Still, it cannot deny Jared Harrison his right to own a weapon due to his use of marijuana alone.

He said using marijuana was “not in and of itself a violent, forceful, or threatening act” and noted that Oklahoma is a state that allows the drug to be purchased for medical uses while still being illegal under federal law.

“The mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation support,” Wyrick added.

Additionally, public defender, Laura Deskin, representing Harrison, said the ruling was a “step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American.”

This was the latest court decision declaring gun regulation unconstitutional after the Supreme Court in June ruled that people have the right to carry firearms in public for self-defense under the Second Amendment.

Back in May 2022, Harrison had been charged after being arrested by police in Lawton, Oklahoma, following a traffic stop. During the stop, officers found marijuana and a loaded revolver in the car. He told cops he was on his way to work at a medical marijuana dispensary but did not have a state-issued medical-marijuana card.