Another court striking down a prohibition of firearms for marijuana users.
“In sum, § 922(d)(3) does not withstand Second Amendment scrutiny for much the same reasons that § 922(g)(3) does not. The law’s broad prohibition on the sale or transfer of firearms to unlawful users of controlled substances burdens the Second Amendment rights of those individuals to nearly the same extent as § 922(g)(3). And, as the Court found when assessing
§ 922(g)(3), our Nation’s historical tradition of firearm regulation does not support placing such a burden on the Second Amendment right. Accordingly, Count Two of the Indictment is also dismissed.”
Read the full Order here.