Judge rules Marijuana User Gun Ban Unconstitutional

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The,Atf,(bureau,Of,Alcohol,,Tobacco,,Firearms,And,Explosives),Painted

While most states recognize some form of legal recreational or medical marijuana use, it remains unlawful at the federal level and a specific bar to legal gun possession. The ATF’s current Form 4473, used on every over-the-counter gun transfer, even pointedly states that “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside,” with a positive answer of being a user of the “reefer” reason enough to reject a transfer.

Enter Judge Patrick Wyrick, who sits on the U.S. District Court for the Western District of Oklahoma. Last week, Wyrick, a former state supreme court justice and Solicitor General of Oklahoma handed down a 54-page ruling holding the federal government’s feet to the fire on the intersection of marijuana and guns.

In the case of a man who was arrested after police found a loaded handgun and a pretty decent variety of marijuana in his car, then caught a weapons charge that made its way to Wyrick’s bench, the judge flatly informed prosecutors that, according to text and tradition of past gun laws, the federal ban on users of the drug not being able to possess a firearm violated the Second Amendment.

Expect to hear more about this in the coming weeks.

By Michael Crites

Michael Crites has served as executive editor of AmericanFirearms.org since 2016 and previously held positions as associate editor and range correspondent dating back to 2000. He discovered his passion for precision shooting at age 12 during his first visit to his grandfather's shooting range, eventually earning an Expert classification in three different shooting disciplines before age 18. During his studies at University of Wyoming, he earned four varsity letters on the collegiate rifle and pistol teams, serving as team captain for three consecutive years. He became the first UW student to complete the NRA Range Safety Officer certification while maintaining full-time student status. He graduated magna cum laude with a B.A. in Sports Communications. His diverse career has included roles as Range Safety Coordinator for the National Rifle Championships in Camp Perry 2001; editor-in-chief, Precision Shooter Quarterly; series editor, Modern Firearms Handbook collection; managing editor, National Shooting Sports Foundation Newsletter; editor, Competitive Shooter Magazine; operations director for Western Arms & Ammunition Co.; senior editor for the Shooter's Reference Annual (Cheyenne); content director for The Firearms Report, published by the American Shooting Coalition in Billings, MT; firearms correspondent for Hunting & Shooting, produced by Outdoor Sports Media Group in Jackson, WY; and publisher for Wyoming Shooting Sports Journal in Casper. He has contributed as a regular columnist for American Rifleman (NRA Publications), technical editor for Precision, a publication of the National Bench Rest Shooters Association (Phoenix, AZ); and as firearms specialist for the Gun Owner's Annual. As a digital content creator, he has written more than 400 articles on AmericanFirearms.org, developed shooting technique coverage for the Brownells Shooting Blog (Montezuma, IA) and Federal Premium "Range Notes" platform (Anoka, MN), and served as lead content strategist for International Defensive Pistol Association (Berryville, AR). Beyond Tactical Firearms, his current endeavors include content development for the Wyoming State Rifle Association (Cheyenne, WY) and technical manual production for High Plains Publishing of Laramie, WY. He has contributed to the 12th, 13th, and 14th editions of Modern Sporting Rifles Guide and edited The Complete Guide to Tactical Shooting and Competitive Shooter's Reference Manual (Gun Digest Books).

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