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Justice Department Appeals Court Decision That Struck Down Gun Rights Ban For Marijuana Consumers

The U.S. government is appealing a federal judge’s recent ruling that deemed the ban prohibiting people who use marijuana from possessing firearms to be unconstitutional.

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Kyle Jaeger March 6 2023

In a filing submitted on Friday, the Justice Department informed the U.S. District Court for the Western District of Oklahoma that it would be challenging the ruling in the U.S. Court of Appeals for the Tenth Circuit.

The two-page document from U.S. Attorney Robert Troester and Assistant U.S. Attorney David McCrary does not touch on the reasoning behind the appeal, which will be fleshed out in a subsequent filing before the appeals court.

The development comes about a month after Judge Patrick Wyrick dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop.

The federal court had determined that the statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution.

The Trump-appointed judge largely based his decision on an interpretation of a recent U.S. Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights.

The ruling states that any such restrictions must be consistent with the historical context of the Second