Is DOJ About to Abandon Another Federal Gun Law?

Published on April 28, 2025
Duration: 7:59

The Department of Justice (DOJ) is considering whether to appeal a ruling that found 18 U.S.C. § 922(g)(3) unconstitutional as applied to cannabis users. The Eighth Circuit's decision in United States v. Baxter suggests that prohibiting cannabis users from possessing firearms lacks historical justification. The DOJ's decision, due May 4th, could impact numerous ongoing legal challenges nationwide.

Quick Summary

The Department of Justice is evaluating whether to appeal a ruling that found 18 U.S.C. § 922(g)(3) unconstitutional as applied to cannabis users. The Eighth Circuit's decision in United States v. Baxter, citing a lack of historical analogues, could impact federal gun laws if the DOJ does not seek Supreme Court review by May 4th.

Chapters

  1. 00:00Introduction: DOJ and ATF Actions
  2. 00:54The Core Issue: Cannabis Users and Firearm Bans
  3. 01:14Challenging 18 U.S.C. § 922(g)(3)
  4. 01:25United States v. Baxter Case Overview
  5. 01:44Trial Court and Eighth Circuit Rulings
  6. 02:16DOJ's Decision Point: Supreme Court Review
  7. 02:52Solicitor General's Request for Extension
  8. 03:04Deadline for DOJ Decision: May 4th
  9. 03:34Previous DOJ Abandonment: Range v. Attorney General
  10. 04:04Potential Abandonment of 922(g)(3) for Marijuana Users
  11. 04:22Other Circuit Court Rulings
  12. 04:33Historical Analogues and Dangerousness
  13. 04:51Conclusion and Next Steps

Frequently Asked Questions

What federal law prohibits unlawful users of controlled substances from possessing firearms?

The federal law in question is 18 United States Code Section 922(g)(3). This statute prohibits unlawful users of controlled substances from possessing firearms. The current legal debate centers on its application to cannabis users.

What was the outcome of the United States v. Baxter case regarding firearm possession and cannabis use?

In United States v. Baxter, the Eighth Circuit found 18 U.S.C. § 922(g)(3) unconstitutional as applied to Mr. Baxter, a cannabis user. The court cited a lack of sufficient historical analogues to justify the law's application in this specific instance.

What is the significance of the DOJ's decision deadline in the Baxter case?

The Department of Justice's decision, due May 4th, on whether to seek Supreme Court review of the Baxter ruling is critical. If they do not appeal, the Eighth Circuit's decision could set a precedent, potentially leading the DOJ to abandon this federal gun law for cannabis users.

Have other federal courts ruled similarly regarding cannabis users and firearm possession?

Yes, several other federal circuit courts have issued similar rulings. The Fifth, Eighth, and Tenth Circuits have all found that 18 U.S.C. § 922(g)(3), as applied to recreational cannabis users, is unconstitutional due to a lack of historical justification.

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