(PartiallyPolitics.com) On Friday, a federal judge in Oklahoma ruled that the law that stopped marijuana users from owning guns and firearms was unconstitutional. This new ruling is another challenge to firearms regulations, following the U.S. Supreme Court’s move to set new standards to be followed in firearms cases across the nation.
U.S. District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison, who had been charged in August for owning a firearm which was illegal for who was charged in August with violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances.” Harrison’s lawyers have argued that the law focusing on drug users is not actually in line with the nation’s historical tradition regarding firearm possession and regulation. This claim very closely echoes the ruling of the U.S. Supreme Court in the case New York State Rifle & Pistol Association v. Bruen. The new ruling is widely considered to have set a new standard for how cases relating to the Second Amendment should be treated.
Federal prosecutors have on the other hand said that the portion of the law that focused on drug users and their inability to possess firearms does have a long tradition in the U.S. as historically those considered a danger were disarmed. This included “felons, the mentally ill, and the intoxicated”
Wyrick agreed with Harrison’s lawyers saying that just because the man was a marijuana user that should not strip him of his right to own a gun.
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