US judge rules ban on marijuana users owning guns as 'unconstitutional'

A federal judge in Oklahoma on Monday concluded a federal law prohibiting marijuana users from possessing guns is unconstitutional. US District Judge Patrick Wyrick on Friday dismissed an indictment that was passed last year against Jared Harrison, who was charged with violating that ban, saying that it infringes his right to bear arms under the Constitution's Second Amendment.

Wyrick said that the US government can protect the citizens from dangerous people possessing guns, but could not argue on Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm." He added that the use of marijuana is "not in and of itself a violent, forceful, or threatening act," and highlighted that in Oklahoma the use of drugs is illegal under federal law, and can be legally bought for medical uses.

Add WION as a Preferred Source

Wyrick wrote, "the mere use of marijuana carries none of the characteristics that the nation's history and tradition of firearms regulation supports."

A lawyer for Harrison argued that her client’s second amendment right to bear guns was violated by federal law and that makes it illegal for “unlawful users of controlled substances” to possess arms.

This decision made the last instance of declaring gun regulations after the US Supreme Court's 6-3 conservation majority.

It came days later after a three-judge panel of the fifth US circuit court appealed in New Orleans on Thursday and ruled that the government cannot stop citizens who have domestic violence restraining orders from owning arms, AP reported.

(With inputs from agencies)

WATCH WION LIVE HERE