Supreme Court Asked to Review Gun Ban for Nonviolent Marijuana Felons
A man convicted of growing marijuana seeks Supreme Court review of the federal ban that bars felons from possessing firearms, arguing the rule violates the Second Amendment.
Joseph Johnson was convicted eleven years ago for unauthorized marijuana cultivation in Colorado and received only probation. Because the offense carried a potential prison term, federal law later classified him as a felon prohibited from owning firearms under 18 USC 922(g)(1), leading to a guilty plea and a one-year federal sentence after a gun was found during an Oklahoma traffic stop. The 10th Circuit affirmed his conviction, rejecting his claim that the ban violates the Second Amendment.
Johnson has now petitioned the Supreme Court to hear an as-applied challenge, with support from the Cato Institute, the National Rifle Association, the Firearms Policy Coalition, and the Second Amendment Foundation. The Court’s June ruling in United States v. Hemani, which struck down a ban on marijuana users, suggests it may be more receptive this term. However, appellate courts are split, with three circuits allowing such challenges and six, including the 10th, rejecting them. Legal scholars argue that historical tradition only supports disarming individuals who pose a danger, not peaceful nonviolent felons like Johnson.
Why it matters
The case could reshape how federal gun-restriction laws apply to nonviolent felons and impact Second Amendment jurisprudence.
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