Supreme Court sides with marijuana user in gun case, protecting Second Amendment rights
The Supreme Court delivered a unanimous ruling siding with a marijuana user in a gun case, asserting that the government cannot prosecute individuals for firearm possession simply due to cannabis use. contributor Joey Jones highlights the ruling’s importance for Second Amendment rights, drawing a comparison to alcohol and emphasizing responsible gun ownership by marijuana cardholders in Florida.
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The Department of Justice warned California on Wednesday that it would file a lawsuit against state officials if they do not scrap plans to enforce a “Glock ban,” which the federal government argues violates the Second Amendment’s right to bear arms.
In a letter to California Gov. Gavin Newsom and state Attorney General Rob Bonta, Assistant Attorney General for Civil Rights Harmeet Dhillon said California residents “have the constitutional right to acquire and use state-of-the-art handguns to protect themselves.”
“They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home,” she wrote.
NRA SUES CALIFORNIA OVER BAN ON GLOCK-STYLE FIREARMS: ‘VIOLATES THE SECOND AMENDMENT’
The Department of Justice warned California that it would file a lawsuit against state officials if they do not scrap plans to enforce a “Glock ban.” (Justin Sullivan/Getty Images)
This comes as California’s Assembly Bill 1127, otherwise known as the “Glock ban,” is set to take effect on July 1. It was signed into law by Newsom last fall.
The law prohibits licensed firearms dealers from selling or transferring any “machinegun-convertible pistol.” It also reclassifies Glocks, which are semi-automatic pistols, as “machinegun-convertible” since state officials say their trigger mechanisms can be quickly modified with illegal aftermarket conversion devices.
People who already own these firearms may keep them, while sales to law enforcement agencies or the military are exempt from the restrictions.
Assistant Attorney General for Civil Rights Harmeet Dhillon argues that the California law violates the Second Amendment’s right to bear arms. (Andrew Harnik/Getty Images)
Dhillon said she approved the filing of a complaint in federal district court against California officials over the law, but explained that she would consider deferring the filing if the state agreed to enter pre-suit negotiations.
“Although the specific provisions are open to discussion, a resolution must, at a minimum, require that the State: (1) immediately cease enforcement of the laws identified above; (2) acknowledge the unconstitutionality of these laws; and (3) agree to enter into a court-enforceable consent decree permanently enjoining the State from violating its citizens’ constitutional rights through these or any similar laws,” the letter reads.
Dhillon gave California officials until 5 p.m. Tuesday to agree to enter pre-suit negotiations.
FEDERAL APPEALS COURT RULES CALIFORNIA AMMUNITION BACKGROUND CHECKS UNCONSTITUTIONAL
The law prohibits licensed firearms dealers from selling or transferring any “machinegun-convertible pistol.” (Kyle Grillot/Bloomberg)
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“We hope that the State shares our interest in achieving a voluntary resolution of this matter,” she wrote.
Digital reached out to Newsom’s and Bonta’s offices for comment.
