SCOTUS Showdown—Millions Could Lose Gun Rights

Gun on US Constitution and flag

If you thought the war on your rights was over, wait until you see how the Supreme Court is about to decide whether Americans can lose their Second Amendment rights just for using marijuana—even if it’s legal in their own state.

At a Glance

  • The Supreme Court will soon decide whether to hear a case challenging the federal ban on gun ownership for marijuana users.
  • Millions of law-abiding Americans face the loss of constitutional rights simply for following state marijuana laws.
  • Federal courts are increasingly questioning whether the government’s ban has any historical or legal justification.
  • The outcome could set a major precedent for gun rights, state sovereignty, and the limits of federal power.

Supreme Court to Decide If Federal Government Can Strip Gun Rights from Marijuana Users

The Supreme Court, the final backstop for our constitutional rights, will privately consider on September 29, 2025, whether to take up *U.S. v. Cooper*—a case that strikes at the heart of the federal government’s power to ban gun ownership for anyone who uses marijuana, even where state law says it’s perfectly legal. This comes after the Eighth Circuit Court of Appeals threw out the conviction of Patrick Cooper, who was sentenced to three years in prison for possessing a firearm while using marijuana legally under state law. The court found that there’s simply no historical tradition justifying the government’s power to disarm Americans simply for lighting up in a state where it’s legal. If that sounds like common sense, it’s because it is—yet here we are, with federal law still treating millions of Americans like criminals and stripping their rights because of a flower that’s legal in most of the country.

The federal ban is rooted in 18 U.S.C. § 922(g)(3), a relic of the Gun Control Act of 1968, which lumps marijuana users in with hard drug abusers and felons. This means that veterans using medical marijuana for PTSD in a legal state, cancer patients seeking relief, or anyone who prefers edibles to a nightcap can lose their Second Amendment rights—no trial, no due process, just an accusation and a lifetime ban. And let’s not kid ourselves: this is the same federal government that spent years telling us marijuana was as dangerous as heroin, while simultaneously turning a blind eye to open borders and actual violent criminals flooding our streets. They never seem to find the resources to prosecute cartel members or illegal gun runners, but they’re all too happy to target regular Americans for exercising their rights.

Federal Power Versus State Law: An Assault on Common Sense and Constitutional Rights

The “crime” here isn’t violence, theft, or even reckless conduct—it’s using a product that more than half the country believes should be legal. The states have spoken, the voters have spoken, but the feds are still stuck in 1968. Federal law designates marijuana as a Schedule I controlled substance, right next to drugs like LSD and heroin, even as more states legalize it for medical or recreational use. This creates a bizarre and infuriating situation where a law-abiding American can walk into a dispensary, purchase marijuana perfectly legally under state law, and immediately become a “prohibited person” under federal law—stripped of their gun rights, facing prison time, and labeled a threat to society. The Eighth Circuit’s decision in *Cooper* and a similar case, *U.S. v. Baxter*, have forced the Department of Justice into a corner, with the DOJ missing a key deadline to appeal the Baxter ruling. The legal system, for once, is starting to recognize that these blanket bans are nothing more than federal overreach, unsupported by any real evidence or historical tradition.

The Supreme Court’s 2022 decision in *Bruen* set a new standard for gun laws, demanding historical justification for any restriction. Recent federal appellate decisions have echoed this, tossing out convictions and demanding that the government actually prove marijuana users are so dangerous they deserve to be disarmed. The lower courts aren’t buying it—and neither should anyone who values the Constitution. Yet, despite the shifting legal winds and overwhelming public support for both gun rights and marijuana reform, the feds keep doubling down, putting millions of Americans in legal limbo.

The Stakes: Gun Rights, State Sovereignty, and the Limits of Washington’s Power

If the Supreme Court agrees to hear Cooper’s case, the stakes couldn’t be higher. This isn’t just about marijuana or even just about guns—it’s about whether the federal government can continue to trample state sovereignty, common sense, and your constitutional rights under the guise of “public safety.” Gun rights organizations, cannabis advocacy groups, and everyday Americans are watching closely, because the outcome could set a sweeping precedent that affects not only marijuana users but anyone the federal government decides to label as “dangerous” in the future. If the Court sides with Cooper, expect a wave of challenges to other federal gun bans and a major pushback against Washington’s habit of punishing Americans for making personal choices the bureaucracy doesn’t like. If the Court refuses to hear the case or upholds the ban, millions will remain second-class citizens—stripped of rights, stigmatized, and left at the mercy of an out-of-touch federal agenda.

Legal experts, constitutional scholars, and even some public health voices admit there’s no solid evidence that marijuana users, as a group, are any more dangerous than anyone else. The notion that the government can use outdated laws to erase fundamental rights is the very definition of government overreach. The real danger isn’t in the dispensary—it’s in Washington, where common sense and the Constitution are too often ignored in favor of bureaucratic control. The Supreme Court’s decision could finally put an end to this madness or, if they refuse, cement another chapter in the never-ending saga of government gone wild.

Sources:

GreenState: Supreme Court to Take Up Ban on Gun Ownership for Marijuana Users

Marijuana Moment: Supreme Court Will Discuss Ban on Marijuana Users’ Gun Ownership in September

The Marijuana Herald: U.S. Supreme Court to Consider Case Challenging Gun Ban for Marijuana Users

Marijuana Moment: Appeals Court Vacates Conviction Over Marijuana User’s Gun Ownership