WASHINGTON, DC — The Second Amendment Foundation (SAF), along with several national and state-level firearms rights organizations, has filed an amicus brief urging the U.S. Supreme Court to hear Harris v. United States, a case challenging the federal prohibition on firearm possession by individuals who use marijuana—even in states where it is legal.
SAF is joined by the California Rifle & Pistol Association, Second Amendment Law Center, Operation Blazing Sword–Pink Pistols, Minnesota Gun Owners Caucus, and the Minnesota Gun Owners Law Center. The brief supports Erik Harris, who is appealing a decision by the Third Circuit Court of Appeals upholding his lifetime disarmament under 18 U.S.C. § 922(g)(3), which bars firearm possession by “unlawful users” of controlled substances.
Kostas Moros, SAF’s Director of Legal Research and Education and lead counsel on the brief, argues that the Third Circuit’s ruling is out of step with historical precedent. “The Third Circuit’s ruling defies Bruen and Rahimi by upholding a lifetime disarmament of sober citizens who occasionally use a substance—marijuana—that is now legal to various extents in 40 states and socially accepted by a supermajority of Americans,” Moros stated.
He further noted that historical regulations around substances like alcohol never imposed blanket bans on ownership or possession of firearms. “History shows that Founding-era laws addressed the danger of mixing alcohol and firearms by temporarily disarming the actively intoxicated, never by stripping gun rights from anyone who simply drank in moderation.”
The SAF-led coalition argues that marijuana use should be treated similarly under the Constitution’s historical framework, especially in light of widespread legalization and shifting public attitudes. Unlike alcohol laws, which restricted carrying firearms while drunk, the current federal statute denies Second Amendment rights entirely to those who admit to marijuana use—even if used medicinally or legally under state law.
“This case is critical because it affects millions of law-abiding Americans who face losing their Second Amendment rights simply for using a substance legal in their state—often for medical reasons,” said SAF founder and Executive Vice President Alan Gottlieb.
Gottlieb also highlighted SAF’s parallel litigation in Greene v. Bondi, which challenges the federal ban as applied to medical marijuana cardholders. “We feel it’s an important issue that warrants the Supreme Court’s intervention.”
Although the Supreme Court recently granted certiorari in United States v. Hemani, a separate case involving firearm possession and drug use, SAF’s brief distinguishes that case as involving more serious controlled substances and “unusual facts.” The brief encourages the Court to hear Harris alongside Hemani to ensure any resulting precedent reflects the more common—and legally complex—situation faced by responsible marijuana users.
The brief underscores a growing concern that lower courts are straying from the historical analogues required under Bruen. SAF and its partners argue that firearm regulations must be consistent with historical tradition and not rely on vague comparisons to laws disarming the mentally ill or “dangerous” individuals unless clearly justified.
As state and federal law continue to diverge on marijuana policy, the case presents a significant opportunity for the Supreme Court to clarify whether a person’s Second Amendment rights can be revoked for engaging in conduct that is legal under state law and widely accepted by society.
The SAF’s Position
From a Second Amendment standpoint, the SAF’s brief reflects a principled view: that fundamental rights should not be conditioned on compliance with outdated or inconsistently enforced federal laws—especially when those laws punish lawful conduct under state law. The SAF’s challenge seeks not to minimize the risks of drug abuse, but to ensure constitutional protections remain intact for law-abiding Americans. The issue is not intoxicated firearm possession, which remains illegal and unsafe, but whether Americans must forfeit their gun rights altogether due to responsible and legal marijuana use.
