On a Friday in May 2022, Jared Harrison was on his way to work at an Oklahoma medical marijuana dispensary when a police officer stopped him for running a red light. When Harrison rolled down his window, the officer smelled marijuana. A search of the car discovered a loaded revolver, a pill bottle containing a few partially smoked joints, another joint in a console tray, and a backpack containing marijuana, THC gummies, and two THC vape cartridges.
Because Harrison did not have a state-issued medical marijuana card, he was charged with illegal possession of cannabis under state law, a misdemeanor. But he also faced a felony charge under 18 USC 922(g)(3), the federal law that bars illegal drug users from possessing firearms. That charge, he argued, violated the Second Amendment. A federal judge agreed, ruling in February 2023 that the government had failed to show Harrison's prosecution was "consistent with this Nation's historical tradition of firearm regulation"—the constitutional test that the U.S. Supreme Court established in the 2022 case New York State Rifle & Pistol Association v. Bruen.
This week the U.S. Court of Appeals for the 10th Circuit reversed that ruling and remanded the case for further consideration. The 10th Circuit's decision in United States v. Harrison, because it endorsed U.S. District Judge Patrick Wyrick's reasoning in nearly all respects, nevertheless represents another in a series of blows to a policy that affects millions of peaceful Americans, depriving them of the constitutional right to armed self-defense for no good reason.
