Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country.
The cannabis gun rights cases
The federal Gun Control Act of 1968 strips all gun rights from cannabis users, even in states that allow it. Some states have tried to pass laws that circumvent federal gun control law, which is a losing proposition. At the same time, a 2022 U.S. Supreme Court case, New York State Rifle & Pistol Association, Inc. v. Bruen, simplified the test to determine whether a gun control law violates the Second Amendment. This has led to repeated challenges in various federal courts – including one big loss in a Florida federal court, and a big win in an Oklahoma federal court. Both of those decisions are on appeal (in the Eleventh and Tenth federal circuits, respectively).
Texas weighs in
And as of a few days ago, a federal court in Texas (in a case called United States v. Connelly) handed a victory to a cannabis user, setting up a likely appeal by the federal government to