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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.

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Ammunition Serialization: The Five-Cent Fiasco in Illinois

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Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

Is Finland Looking to Emulate America’s Founding Era on Firearms?

News  

Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

News  

Monday, March 30, 2026

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

A new study by James Manzi of the U.K.’s Oxford University has now confirmed what everyday Americans have seen for themselves at college and university campuses across the country.

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

Monday, March 30, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

The National Rifle Association—joined by the Second Amendment Foundation, American Suppressor Association, and Independence Institute—has filed an amicus brief urging the U.S. Supreme Court to grant review in National Shooting Sports Foundation, Inc. v. James.

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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.