The Trump administration, like the Biden administration before it, has been aggressively defending the federal law that criminalizes gun possession by people who consume marijuana—but it may soon reverse course, the top Justice Department official says.
Acting Attorney General Todd Blanche and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director Robert Cekada on Wednesday announced a series of administrative steps to reduce burdens on firearms owners and businesses.
While those steps don’t directly alter 922(g)(3), the federal law barring people who use cannabis and other illegal drugs from owning or purchasing guns, a reporter asked Blanche at a briefing whether DOJ is “reconsidering” its stance of defending laws disarming marijuana consumers or those who have other nonviolent convictions from legal challenges under the Second Amendment.
“Yes, of course we are,” he said. “Every case is different. The facts leading up to where we are in a litigation is different, whether we’re at the district court level, whether we’re at the court of appeals.”
“It’s not rational, or it’s not possible for us to just unwind on a given Monday. We just recently got out of a case two weeks ago that had been pending for a long time,” Blanche
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