U.S. District Judge Patrick Wyrick, an appointee of former
Republican President Donald Trump in Oklahoma City, on Friday
dismissed an indictment against a man charged in August with
violating that ban, saying it infringed his right to bear arms under
the U.S. Constitution's Second Amendment.
Wyrick said that while the government can protect the public from
dangerous people possessing guns, it could not argue Jared
Harrison's "mere status as a user of marijuana justifies stripping
him of his fundamental right to possess a firearm."
He said using marijuana was "not in and of itself a violent,
forceful, or threatening act," and noted that Oklahoma is one of a
number of states where the drug, still illegal under federal law,
can be legally bought for medical uses.
"The mere use of marijuana carries none of the characteristics that
the Nation's history and tradition of firearms regulation supports,"
Wyrick wrote.
Laura Deskin, a public defender representing Harrison, said 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." She called marijuana the most
commonly used drug illegal at the federal level.
The U.S. Department of Justice did not respond to request for
comment but is likely to appeal.
The decision marked the latest instance of a court declaring a gun
regulation unconstitutional after the U.S. Supreme Court's 6-3
conservative majority in June ruled that the Second Amendment
protects a person's right to carry a handgun in public for
self-defense.
That ruling, New York State Rifle & Pistol Association v. Bruen,
announced a new test for assessing firearms laws, saying
restrictions must be "consistent with this nation's historical
tradition of firearm regulation."
On Thursday, the New Orleans-based 5th U.S. Circuit Court of Appeals
cited that decision in declaring unconstitutional a federal law
barring people under domestic violence restraining orders from
owning firearms.
(Reporting by Nate Raymond in Boston; Editing by Sandra Maler)
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