(NewsReady.com) – In a new challenge to the Biden administration’s anti-gun agenda, a federal judge has thrown out an illegal weapons case — and ruled that a national gun control law is unconstitutional. The Oklahoma case involved a man who was caught with a handgun and marijuana. Under federal law, anyone who uses controlled drugs is banned from owning guns. Now, that’s being challenged.
In his ruling, Wyrick highlighted that under Oklahoma law, marijuana can be bought legally at more than 2,000 store fronts in the state.
(from @AP) https://t.co/tUAQmFRact
— Sean Murphy (@apseanmurphy) February 6, 2023
On May 20, 2022, Jared Michael Harrison ran a red light in Lawton, OK. He was quickly pulled over by a local cop, who smelled marijuana when Harrison rolled down his window. The man claimed he was on his way to work at a legal marijuana store but didn’t have a medical marijuana card, which can be issued in Oklahoma. When cops searched his car, they found a loaded revolver plus an assortment of marijuana products, including edibles, vape cartridges, and partly-smoked cigarettes.
Harrison was arrested on state traffic and drug charges — but three months later, a federal grand jury added a new indictment under a federal law that bans “unlawful users or addicts of controlled substances” from owning guns.
Faced with the federal indictment, Harrison’s lawyers argued that the law, 18 U.S.C. § 922(g)(3), isn’t consistent with America’s tradition of gun rights. This argument fits in with last year’s Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s concealed carry permit law. That decision reaffirmed constitutional protection for gun rights, and raised the bar for laws that restrict that right.
Now, US District Judge Patrick R. Wyrick has ruled that banning Harrison from owning a gun just because he uses marijuana violates his Second Amendment rights and is unconstitutional. The Biden administration is likely to appeal this decision, but the Bruen decision hints at how the Supreme Court will view this new case.
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