A coalition of gun rights advocacy groups is urging the U.S. Supreme Court to uphold a lower court ruling that deemed the federal ban on firearm ownership by people who use marijuana to be unconstitutional.
In an amicus brief filed with the Supreme Court on Thursday, the Second Amendment Foundation (SAF), California Rifle and Pistol Association (CRPA), Second Amendment Law Center (2ALC), Citizens Committee for the Right to Keep and Bear Arms and Minnesota Gun Owners Caucus (MGOC) identified a number of legal issues with the underlying federal statute, 18 U.S.C. § 922(g)(3).
“This Court has explained that when it comes to which types of arms may not be banned, the American people themselves confer constitutional protection through their choices,” the brief says. “By that same token, Americans have also traditionally chosen which substances are acceptable for responsible recreational use, and the fundamental right to keep and bear arms was never denied to people who occasionally partook in such drugs—unless they were carrying arms while actively intoxicated. ”
Justice determined in an earlier ruling that gun laws must be rooted in historical precedent going back to the founding principles enshrined in the U.S. Constitution.
“Historically, the best example of this
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