By DOJ Excludes Marijuana from Gun Rights Barriers
The Federal Firearm Rights Restoration policy specifically blocks officials from denying applications based on marijuana use.
The rule specifies that the definition of a controlled substance does not include marijuana. It also excludes those whose only unlawful use consists of marijuana from disqualification. This provision applies to both casual users and those considered addicted to the drug.
The DOJ stated this approach improves the administrability of the restoration process.
Officials explained that distinguishing between a marijuana user and an addict is a highly fact-specific inquiry. The department noted that attempting to differentiate these groups would require resources that defeat the purpose of the presumption. This decision goes beyond the facts of the recent Supreme Court ruling in U.S. v.
Hemani. However, the DOJ deemed it necessary to streamline the evaluation of applicants.
Supreme Court Ruling Drives Policy Shift
The department cited a recent Supreme Court decision that found efforts to criminalize firearm possession for marijuana consumers unconstitutional. The court ruled against the government’s use of statute 922(g)(3) in this context. The DOJ acknowledged this ruling in a Federal Register filing regarding the new policy.
The exemption comes in recognition of this significant legal precedent.
The rule allows people stripped of Second Amendment rights to apply for their restoration. Applications may still be denied if an applicant has a felony conviction within the last ten years. Such convictions must involve the manufacture or distribution of a controlled substance.
The attorney general can also consider if an applicant is likely to act dangerously to public safety.
Commenters during the rulemaking process focused almost exclusively on marijuana users. They argued that regular marijuana use does not render a user dangerous to the public. Some noted that nearly two-thirds of states have legalized the drug.
This public feedback heavily influenced the final decision to exclude cannabis from the disqualification criteria.
Advocates Welcome the New Federal Rule
Kostas Moros, director of legal research and education for the Second Amendment Foundation, praised the move. He told Marijuana Moment that his group is pleased to see the DOJ acknowledge the recent Hemani ruling. Moros said the adaptation will help a large number of affected people get their gun rights back.
The organization is currently considering the full implications of the new filing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives recently posted a proposed revised version of Form 4473. This form is required for anyone purchasing a gun from a federally licensed dealer. The revision acknowledges the federally legal status of medical marijuana under recent rescheduling moves.
ATF expects to issue further guidance on cannabis consumers’ Second Amendment rights soon.
Moros stated that the injustice of denied rights for casual marijuana use will soon be in the dustbin of history. This comment was made in response to the combined effects of the new DOJ rule and anticipated ATF changes. The current status of the rule is active following its Monday announcement.
No further legislative action is required for these specific provisions to take effect.
