Explore The NRA Universe Of Websites

APPEARS IN News

Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

Tuesday, February 18, 2025

Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

The U.S. Supreme Court’s landmark ruling in the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022) continues to play a critical role in cases related to Second Amendment rights. On February 5, the U.S. Court of Appeals for the Eighth Circuit pared back the federal government’s blanket ban on all illegal drug users (even those who use marijuana in accordance with state law) possessing firearms.

Justice Clarence Thomas’s opinion in Bruen made clear that for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. The opinion stated,

[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

This has correctly prompted a reappraisal of the categories of people prohibited from possessing firearms enumerated in federal law at 18 U.S.C. 922(g). In the historical tradition, the government could bar individuals who have been found to be dangerous from possessing firearms. However, the federal prohibited persons categories go well beyond this understanding.

The Eighth Circuit case of U.S. v. Cooper concerned a gentleman who fell under the 18 U.S.C. 922(g)(3) prohibition on anyone “who is an unlawful user of or addicted to any controlled substance” for regularly smoking marijuana.

This prohibition has come under increasing scrutiny in recent years, as states have sought to liberalize their laws concerning marijuana. The Centers for Disease Control and Prevention notes that “47 states… allow for the use of cannabis for medical purposes.” However, federal law still prohibits marijuana possession, making those who use it, even in accordance with state law, subject to the sweeping 922(g)(3) prohibition. The Eighth Circuit panel concluded that the 18 U.S.C. 922(g)(3) prohibition at least sometimes violates the Second Amendment as applied to some drug users.

The Eighth Circuit panel acknowledged that some drug users can be barred from possessing firearms consistent with the Second Amendment when their conduct is akin to that of the severely mentally ill who could be committed or those “taking up arms to terrify the people,” which were historic causes for disarmament.

Explaining the mental illness analogy, the court stated,

The “behavioral effects” of mental illness and drug use can “overlap”… but only the subset of the mentally ill who were dangerous faced confinement and the loss of arms… It follows that, for disarmament of drug users and addicts to be comparably “justifi[ed],” it must be limited to those “who pose a danger to others.”… The analogy is complete, in other words, for someone whose “regular use[] of... PCP... induce[s] violence,” but not for a “frail and elderly grandmother” who “uses  marijuana for a chronic medical condition.”

Further explaining the “taking up arms to terrify the people” analogy, the court stated that the historic restriction was “a mechanism for punishing those who had menaced others with firearms.”

The court went on to explain,

Sometimes disarming drug users and addicts will line up with the case-by-case historical tradition, but other times it will not … The district court’s task on remand is to figure out which side of the Second Amendment line Cooper’s case falls on.

It is important to note, as the preceding passage suggests, the Eighth Circuit’s ruling was on an as-applied basis, meaning that the individual facts of a case will matter in determining whether the blanket unlawful user firearm prohibition applies to an individual. However, the Eighth Circuit’s more nuanced approach to 18 U.S.C. 922(g)(3) prohibition, meaningfully taking into account the historic tradition of firearm restrictions, is welcome evidence that following Bruen the lower federal courts are starting to treat the Second Amendment right with the respect it deserves.

TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.