March 26, 2023

Oklahoma Judge Rules Ban on Marijuana Users Owning Guns is Unconstitutional

Following the U.S. Supreme Courtroom’s new commonplace on evaluating gun legal guidelines, an Oklahoma decide has dominated that denying marijuana customers the appropriate to own firearms is unconstitutional.

The indictment towards a person accused of violating the ban was dismissed Friday by U.S. District Judge Patrick Wyrick after attorneys argued their shopper’s Second Modification proper to bear arms was being violated by a legislation that makes it unlawful for “unlawful users or addicts of controlled substances” to personal firearms.

Wyrick argued that the federal government might forestall harmful folks from possessing weapons. Nonetheless, it can’t deny Jared Harrison his proper to personal a weapon resulting from his use of marijuana alone.

He stated utilizing marijuana was “not in and of itself a violent, forceful, or threatening act” and famous that Oklahoma is a state that enables the drug to be bought for medical makes use of whereas nonetheless being unlawful underneath federal legislation.

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

Moreover, public defender, Laura Deskin, representing Harrison, stated 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 newest court docket choice declaring gun regulation unconstitutional after the Supreme Courtroom in June dominated that folks have the appropriate to hold firearms in public for self-defense underneath the Second Modification.

Again in Could 2022, Harrison had been charged after being arrested by police in Lawton, Oklahoma, following a visitors cease.  In the course of the cease, officers discovered marijuana and a loaded revolver within the automotive. He informed cops he was on his technique to work at a medical marijuana dispensary however didn’t have a state-issued medical-marijuana card.