It’s been a busy few weeks for the Department of Justice — and now another major shakeup could be on the horizon.
Washington Gun Law’s President, William Kirk, recently broke down how the DOJ may soon back away from enforcing a federal gun ban on marijuana users, marking another important step toward restoring full Second Amendment rights.
The case at the center of it all is United States v. Baxter. After Keshon Baxter was pulled over in Iowa, law enforcement discovered marijuana and a firearm in his vehicle.
Baxter was then charged under 18 U.S.C. § 922(g)(3), which prohibits unlawful drug users from possessing firearms. Baxter fought back, arguing that this federal law was unconstitutional as applied to him.
While Baxter initially lost at trial, the Eighth Circuit Court of Appeals agreed with part of his challenge. The court found that there were no clear historical analogues justifying a ban on cannabis users possessing firearms.
As a result, the court ruled that applying the law to Baxter violated the Second Amendment.
Now the clock is ticking. The Department of Justice — led by Solicitor General John Sauer — asked for an extension until May 4th to decide whether it will ask the Supreme Court to review the ruling.
If the DOJ does not appeal, it could signal a massive shift: for the first time, federal authorities might abandon enforcement of this controversial provision, at least when it comes to marijuana users.
This move would not be without precedent. The DOJ already declined to appeal in the Range v. Attorney General case, which challenged the federal firearm ban on non-violent felons.
Add in the fact that the Fifth, Eighth, and Tenth Circuits have issued similar rulings protecting cannabis users’ gun rights, and you start to see the writing on the wall.
As William Kirk pointed out, American tradition has only ever disarmed individuals deemed actively dangerous — not simply because of recreational marijuana use.
There’s simply no historical foundation to justify permanently stripping gun rights from someone who occasionally uses cannabis.
If the DOJ drops its defense of the gun ban for pot smokers, it would be another major rollback of Biden-era gun policies — and a big win for Second Amendment advocates nationwide.
Stay tuned, because by May 5th, we could have another victory for lawful gun owners on the books.
*** Buy and Sell on GunsAmerica! ***
Read the full article here