The 11th Circuit Court of Appeals weighed in on guns and weed when they ruled that the Federal ban on gun ownership fails the Bruen test when barring people with medical marijuana cards from owning firearms.
The federal government “failed to meet its burden … to establish that disarming medical marijuana users is consistent with this nation’s history and tradition of firearm regulation,” the decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals’ panel said.
One case at a time, gun laws are being chipped away.
The lawsuit said the federal prohibitions “forbid Floridians from possessing or purchasing a firearm on the sole basis that they are state-law-abiding medical marijuana patients.”
The government argued that “since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,’” a Justice Department brief said. “The limited restriction at issue here, which applies only to individuals engaged in the regular and ongoing use of illegal drugs, ‘fits comfortably’ within that tradition and the principles underpinning it.”
The District court initially agreed and tossed out the case, but the Appeals court thought differently.
The Appeals court’s opinion said in response that the government’s arguments “do not lead to an inference that … state law abiding medical marijuana users can fairly be labeled as dangerous” and thus are “disarmed wrongly.”
One more gun law gone.
7 Comments
oldvet50 · August 24, 2025 at 1:23 pm
Not so fast there. You know this will be appealed and overturned once again. Medical marijuana is still illegal at the federal level. I personally have no problem with the possession of firearms and weed, but only possession – not influence. I don’t think it’s OK to be drunk on anything and have a firearm on you at the same time.
Divemedic · August 24, 2025 at 1:43 pm
That isn’t the Federal standard. The lawsuit wasn’t about being under the influence- it was about the prescription. If you use marijuana, you can’t own a gun. However, if you have a prescription for Fentanyl, Morphine, or Valium, the Feds don’t care if you own a gun.
Explain the difference.
Oh, and the only appeal left at this point is to take it to SCOTUS.
oldvet50 · August 24, 2025 at 3:53 pm
I’m sure it will go there – if they’ll hear it. You and I both know there are more recreational MJ users with a med card than true patients, though.
Ideas · August 24, 2025 at 9:16 pm
You’re giving them ideas/ammo DM. Here in Oz they will try to take your firearms license away for getting caught speeding 30km over the limit or for certain medical conditions such as diabetes. The speeding thing means you’re not a person of good character. Not sure what the diabeetus has to do with it – but they ARE looking for the SMALLEST excuse.
Honk Honk · August 24, 2025 at 3:01 pm
Threats of harm to others? Shoot back.
Stefan v. · August 25, 2025 at 11:25 am
Used to be, owning and bearing and demonstrating proficiency in a firearm was a requirement. Swords, knives, axes, warhammers, polearms and bows weren’t mentioned, so passé. Kids stuff. An armed society is a polite society. The most important weapon is yourself, all the rest are just accessories.
SoCoRuss · August 25, 2025 at 11:35 am
Key word being “Illegal” on fed level but Legal at state level. The fact that MJ is “LEGAL” in a majority of the states, whether you or I agree or not doesn’t matter. The various .GOV’s are fine with getting money from it, so why the contradictions in laws. What about alcohol use and guns, same bad things happen but that’s OK for some reason The feds either gotta give in on it or go after and shut down the states for legalizing it. You cant have 2 different level .GOV laws on same thing that are opposite. With the feds looking away from it since Obama just makes things worse. It either Legal or Illegal, cant be both. Its time for SCROTUS to put up.
But as an aside not just on drug use, its amazing to me how the feds have used the interstate commerce clause provisions to control things they have no legal power to control.
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