Federal Gun Ban for Drug Users Survives Constitutional Challenge

A federal criminal law prohibiting certain drug users from possessing a firearm is facially constitutional, the Eighth Circuit ruled Wednesday, saying the regulation comports with the US Supreme Court’s 2022 Bruen decision expanding gun rights.

Judge David R. Stras said 18 U.S.C. § 922(g)(3), which bars unlawful controlled substance users or addicts of a controlled substance from possessing a firearm, is similar to historical US laws disarming the mentally ill and a Founding-era proscription on “taking up arms to terrify the people.”

“Just like its historical counterparts, § 922(g)(3) does not criminalize mere possession,” Stras said in the majority opinion ...