A federal court has agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the U.S. Supreme Court’s recent decision to take up a related dispute warrants a stay in the lower court.
The Supreme Court accepted a petition for cert for the separate case, U.S. v. Hemani, last week to settle the question of whether the ban—known as Section 922(g)(3)—is consistent with the Second Amendment.
With that potentially precedent-setting judgement now pending, DOJ submitted a motion—which was unopposed by the plaintiffs—requesting that the U.S. District Court for the Northern District of Florida hold the matter at least until “the Supreme Court’s resolution” in Hemani.
The Trump administration further said a pause in the proceedings is necessary due to the government shutdown, which has deprived DOJ of resources and prohibits the agency’s attorneys “from working except in certain limited circumstances.”
“Granting a stay would promote judicial economy and the efficient use of resources of the Court and the parties,” it said. “The resolution of Hemani will almost certainly have a significant impact on this case. The Supreme Court’s ruling on
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