Marijuana User’s Firearm Conviction Wiped by Fifth Circuit

A Mississippi man’s felon in possession of a firearm conviction was wiped Friday by Fifth Circuit judges, who found the underlying felony related to his marijuana use failed to justify disarming him.

The federal law as applied to Kevin LaMarcus Mitchell, 18 U.S.C. § 922(g)(1), is unconstitutional because it doesn’t align with the historical tradition of regulating firearms as required by New York State Rifle & Pistol Association v. Bruen, Judge Edith Brown Clement wrote for the majority.

The government argued that Mitchell’s history of repeat domestic violence and assault with weapons, which has led to misdemeanor convictions, makes ...