A group of medical marijuana users in Florida, where medical marijuana is legal, brought a Second Amendment claim challenging 18 U.S.C. § 922(g)(3), which prohibits firearm possession by unlawful users of controlled substances. The plaintiffs arguing it violated the Second Amendment as applied to them under N.Y. State Rifle & Pistol Ass’n v. Bruen. The district court dismissed the complaint.
On appeal, the Eleventh Circuit reversed the dismissal of the complaint. The Court held that the Government had failed to show that disarming state-lawful medical marijuana users is consistent with the Nation’s historical tradition of firearm regulation. The plaintiffs had plausibly alleged a Second Amendment violation, and their case could proceed.
Appeal from the Northern District of Florida
Opinion by Branch, joined by Luck and Tjoflat