He said that using marijuana “was not in itself a violent, coercive or threatening act,” and noted that Oklahoma is one of several states where the drug, still illegal under federal law, is legal. Can be purchased for medical use.
“There is no single characteristic of marijuana use that is supported by the nation’s history and tradition of firearms regulation,” Varrick wrote.
Laura Deskin, a public defender representing Harrison, said the ruling was “a step in the right direction for the vast number of Americans who deserve the right to bear arms and defend their homes like any other American.” ” He called marijuana the most commonly used drug illegal at the federal level.
The US Justice Department did not respond to a request for comment but is likely to appeal.
The court marked the latest instance of declaring gun regulation unconstitutional after a 6-3 conservative majority of the US Supreme Court in June ruled that the Second Amendment protects a person’s right to carry a handgun in public for self-defense.