After a federal judge in Oklahoma ruled in favor of a marijuana user's gun rights, an attorney explains how that impacts cannabis users in Colorado.
New York State Rifle & Pistol Association, Inc., vs. Bruen
. In Bruen, the Supreme Court essentially ended what had been an ends-justify-the-means test that courts have used. Now it requires that if somebody's conduct is covered by the Second Amendment, then the government must affirmatively prove that its regulations of firearms is a part of the historical tradition of firearm restrictions in the United States. So the government has to affirmatively take on that burden, and based on the judge's interpretation, that is a pretty high standard.
Oftentimes, the Supreme Court will take up issues in what we call circuit splits, where different circuit courts of appeal have issued contradictory rulings. Back in 2016, theand said it was not unconstitutional to strip Second Amendment rights [of cannabis users]. But the 10th Circuit, where Oklahoma is located, is also where Colorado is located. The 9th Circuit Court decision was before the 10th Circuit's, so it didn't apply under the same standard at the time.
Is there anything else state governments could do, like withhold information sent to the federal government? That's not an area I specialize in. There's not a lot states can do, but if things aren't reported to the federal government or prosecuted under state law, then it would be harder for the federal government to know or prosecute those types of cases.Yes. I think that's what it would really take, because I don't think stand-alone legislation for this would do much.
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