Supreme Court to Rule on Gun Ownership by Drug Users

 Posted on October 29, 2025 in Criminal Law

The laws surrounding firearms in the United States have seen some adjustments in recent years due to rulings by the U.S. Supreme Court. While many criminal justice advocates and lawmakers have called for stricter laws due to a large number of mass shootings and other gun deaths, the Supreme Court has done the opposite, striking down gun laws that supposedly do not fit into the "history and tradition" of the United States. The court is poised to address another aspect of gun laws that may affect users of marijuana or other drugs.

Because the laws related to firearms and other weapons seem to change regularly, there are many situations where people may face weapons charges after being arrested. When defending against these charges, it is important to work with a criminal defense attorney who understands the applicable federal and state laws and who can help determine the best strategies for success.

Court Addresses Gun Charges Related to Marijuana Use

Under federal law (18 U.S.C. § 922(g)), certain people are prohibited from owning firearms. These include people who are addicted to drugs or who are "unlawful users" of controlled substances. Because of this broad prohibition, anyone who has used marijuana, which is classified as an illegal controlled substance under federal law, is technically restricted from gun ownership.

In 2023, a federal appeals court struck down this aspect of the law. When doing so, it cited the U.S. Supreme Court’s decision in the case of New York State Rifle & Pistol Association v. Bruen, which stated that laws restricting firearms must be rooted in historical traditions. That ruling overturned a conviction of a person who had stated that he had used marijuana, and it also opened the door for other convictions to be overturned.

In 2025, the law has been revisited after the administration of President Donald Trump reopened a case against a man in Texas who was facing felony charges for gun ownership because he admitted to regularly using marijuana. The charges had been dismissed by the 5th Circuit Court of Appeals based on the Supreme Court’s ruling in Bruen. The court ruled that a ban on gun ownership for anyone who has used marijuana is unconstitutional, although it did state that people could still face charges for possessing a weapon while under the influence of drugs.

The Justice Department has appealed this case to the Supreme Court, which will hear arguments and issue a ruling during its 2026 session. The Justice Department is arguing that the law is valid because of the risks presented by people who regularly use drugs. On the other hand, the defendant’s attorneys are arguing that the law is too broad, since it would criminalize gun ownership for anyone who has used marijuana, which includes around 20% of people in the United States.

Contact Our Connecticut Weapons Charges Defense Attorneys

As new laws are passed and new court rulings are issued, the laws surrounding firearm ownership and possession may seem unclear. People may be charged with weapons offenses at the state or federal level for a variety of reasons, even if they did not realize they had allegedly violated the law. At Woolf & Ross Law Firm, LLC, our Hartford weapons charges defense lawyers can provide the representation needed in these situations. Whether weapons offenses are charged along with other crimes or on their own, we can help defendants protect their rights while working to prevent criminal convictions. Contact us at 860-290-8690 to set up a free consultation and get legal help with your case.