A federal lawsuit filed in Pennsylvania challenges a state law that bars anyone with a past marijuana or other drug possession conviction from obtaining a license to carry a firearm, pointing to a recent Supreme Court ruling upholding gun rights for cannabis users.
U.S. Air Force veteran Craig Philips filed the suit against the acting commissioner of the Pennsylvania State Police and the sheriff of Butler County, named in their official capacities, over enforcement of a policy that denies a Pennsylvania License to Carry Firearms (LTCF) to anyone with a drug conviction, including simple possession.
The complaint, brought with the Second Amendment groups Gun Owners of America and Gun Owners Foundation, says Philips was convicted in 1994 of possessing a small amount of marijuana and has had no other convictions or drug use since. State law still deems him "permanently ineligible" for an LTCF.
Although Philips can legally own and possess firearms under state and federal law, lacking the license leaves him "substantially restricted from carrying or transporting a firearm in a vehicle, carrying a firearm in Philadelphia, carrying a firearm for protection during a declared state of emergency, and exercising the right to bear arms in ordinary public life," the filing states.
"The denial of Plaintiff Philips' LTCF therefore burdens not only concealed carry, but the practical ability to bear arms outside the home for lawful self-defense," the complaint reads.
Citing the Supreme Court precedent, the suit argues that "historical tradition does not support permanently denying the right to bear arms to a person based upon the nonviolent offense of Possession of a Small Amount of Marijuana occurring over three decades prior."
"No current facts support any finding that Plaintiff Philips is dangerous to himself or others," it says. "Defendants cannot historically justify that infringement based on a single marijuana conviction from 1994 where Plaintiff Philips has since lived as a law-abiding citizen and remains eligible to possess firearms."
The Supreme Court has already begun applying its marijuana-and-Second-Amendment ruling to other cases involving cannabis users prosecuted for gun possession. A recent poll found that most Americans, across party lines, back the Court's decision on gun rights for cannabis consumers. A federal agency overseeing gun regulation has also said it plans to issue updated guidance following the ruling. Pennsylvania lawmakers, meanwhile, continue debating whether to legalize recreational marijuana statewide.
Read the full lawsuit on gun rights and marijuana convictions below:
