HUGE NEWS! Judge Declares Federal Prohibition on 2A Rights for Marijuana Use is UNCONSTITUTIONAL!!

Published on February 5, 2023
Duration: 18:20

A federal judge has declared the federal prohibition on firearm possession by marijuana users unconstitutional, citing the Second Amendment. The ruling in US v. Jared Michael Harrison found that the law, 18 U.S.C. § 922(g)(3), lacks historical precedent and overreaches by prohibiting possession based on status rather than active intoxication. This decision challenges the interpretation of 'law-abiding citizen' in relation to firearm rights.

Quick Summary

A federal judge has ruled that the federal prohibition on firearm possession by marijuana users, under 18 U.S.C. § 922(g)(3), is unconstitutional. Citing the Second Amendment and Supreme Court precedents like Bruen and Heller, the court found the law lacks historical precedent and overreaches by prohibiting possession based on status.

Chapters

  1. 00:00Major 2A Court Victory Announced
  2. 00:42SDI Sponsor Segment
  3. 02:04US v. Jared Michael Harrison Background
  4. 03:10Discovery and Federal Charges
  5. 04:30Conflict with Form 4473 Explained
  6. 06:23Legal Arguments Under Bruen
  7. 07:56Government's Counter-Arguments
  8. 08:56Analysis of Historical Tradition
  9. 10:14Defining 'The People' in 2A
  10. 13:11Prohibition vs. Historical Scalpel
  11. 14:02Judge's Final Conclusion and Ruling

Frequently Asked Questions

What was the outcome of the US v. Jared Michael Harrison case regarding marijuana and firearm rights?

In US v. Jared Michael Harrison, a federal judge declared the federal prohibition on marijuana users possessing firearms unconstitutional. The ruling stated that 18 U.S.C. § 922(g)(3) violates the Second Amendment by creating a blanket prohibition based on status rather than historical precedent.

How did the Bruen decision influence the ruling on firearm possession for marijuana users?

The defense in US v. Jared Michael Harrison argued that under NYSRPA v. Bruen, the government must show a historical tradition of similar firearm regulations. The court found that the federal prohibition on marijuana users possessing firearms lacked such deep historical roots, leading to its declaration of unconstitutionality.

Does the Second Amendment protect marijuana users' right to own firearms?

A federal judge ruled that the Second Amendment does protect the right of marijuana users to own firearms. The court rejected the government's argument that drug users are excluded from 'the people' protected by the Second Amendment, citing Heller precedent.

What is 18 U.S.C. § 922(g)(3) and why was it challenged?

18 U.S.C. § 922(g)(3) is a federal law that prohibits unlawful users of controlled substances from possessing firearms. It was challenged in US v. Jared Michael Harrison, with the court finding it unconstitutional due to its lack of historical basis and its broad prohibition.

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