U.S. v. Connelly

Overview

U.S. v. Connelly, (U.S. Court of Appeals for the 5th Circuit, August 28, 2024): The U.S. Court of Appeals for the Fifth Circuit found unconstitutional a federal law that prohibits an unlawful user of controlled substances from possessing a firearm. Police responded to a call about gunshots being fired at a home where Paola Connelly lived. When police arrived, Connelly acknowledged to police that she possessed a firearm and that she occasionally used marijuana. Although Connelly had not engaged in violent behavior and was not intoxicated at the time, police charged her with violating 18 U.S.C. §922(g)(3), which prohibits possession of a firearm by one who unlawfully uses controlled substances. Applying the Bruen test, the Fifth Circuit found that “our history and tradition may support some limits on a presently intoxicated person’s right to carry a weapon… but they do not support disarming a sober person based solely on past substance usage.” As a result, the federal prohibition was found unconstitutional. Read the full Opinion here.

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