This case from the Oklahoma District Court in the Western District (US v. Harrison, Case No. CR-22-00328-PRW) dismisses federal prosecutors from charging Harrison, an individual in possession of both marijuana and a revolver with violating 18 U.S.C. § 922(g)(3) that prohibits drug users from possessing firearms.
The federal prosecutor argued unsucessfully that a drug user/possessor was not part of “the people” under the 2nd Amendment because the defendant was not a “law abiding citizen.” The court relied on the Supreme Court’s decision in the New York State Rifle & Pistol Association v. Bruen that requires an historical tradition for banning possession of firearms by certain classes of people.
I suspect the US prosecutor will appeal, but the decision is worth taking the time to read.
02032023harrison.pdf (thomsonreuters.com)
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Don’t have the time to read at the moment but very interested to see how this plays out through the appeals process.
I can imagine several good as well a few potentially bad outcomes if this ruling stands.
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Interesting issue… Are they going after him for the federal crime of marijuana possession? I’m guessing not, but rather it’s an end-around persecution of a gun owner.
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Sounds like the prosecutor didn’t do their homework.
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Only the conclusion need be read in order to get the gist. Otherwise, same ole boring nonsense. Probably a new prosecutor trying to make a name for himself or find his sea legs, but as it appears he’s just all wet.
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As I understand the case, it is NOT about prosecuting him for possessing marijuana, a federal crime (he works at a marijuana dispensary according to the decision’s recitation of facts). He is being prosecuted for violating 8 U.S.C. § 922(g)(3) that prohibits drug users, including marijuana users, from possessing any firearms. That provision carries steep mandatory minimum sentences, BTW.
The case is significant for gun owners because people who hold medical marijuana cards, legal under their state laws, but illegal under federal laws, cannot purchase or possess firearms. Likewise, in many states, CCW licenses are not granted to marijuana users.
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Hence, the dilemma between state’s laws and the federal government appertaining. The attempt at prosecuting him should have been preceded by the conviction of an actual crime. The prosecutor shot himself in the foot when he attempted to void someone’s citizenship, and inherent rights without any due process at all. Check it, he “works at…” The man has a job, and by virtue of his job, he’s no longer “of the people?” Oooh, that’s a problem! He should have left that in his mind, because it didn’t work out the way he saw it going in his mind. At least the Judge clearly saw his buffoonery and rendered a just conclusion. JMHO because I am by no means a lawyer. Just say’n.