WASHINGTON (AP) — The Trump administration is asking the Supreme Court to intervene in a series of lower court rulings that have challenged the federal ban on gun ownership for marijuana users. The Department of Justice (DOJ) has formally petitioned the nation’s highest court to uphold the long-standing federal prohibition, which is in direct conflict with recent decisions from multiple federal appeals courts, according to reports from The Associated Press and Reuters.
Federal law, specifically the Gun Control Act of 1968, makes it illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to possess a firearm. Since marijuana remains a Schedule I drug under federal law, this prohibition applies to all users, regardless of whether their use is legal under state law. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) explicitly states this on its firearm transaction forms (ATF Form 4473) that gun buyers must complete, as noted by CBS News. .
However, this federal stance has faced legal challenges following the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen. That ruling established a new standard for gun regulations, requiring them to be consistent with the nation’s “historical tradition of firearm regulation.” Since Bruen, several federal appeals courts, including the Fifth and Eleventh Circuits, have found the federal ban on gun ownership for marijuana users to be unconstitutional. These courts have argued that the government has failed to demonstrate a historical precedent for disarming a sober individual based solely on past substance use, according to reports from The Associated Press and Marijuana Moment.
The Trump administration’s request to the Supreme Court puts it in a unique position. While the administration has often championed Second Amendment rights and has even considered downgrading marijuana’s federal classification, its DOJ is now arguing that the ban is a constitutional and necessary measure for public safety. This effort to maintain the prohibition on marijuana users and guns aims to resolve the conflicting rulings from the lower courts and establish a clear federal standard.
