Gun Advocacy Groups Challenge Pennsylvania’s Lifetime Carry Ban
The Gun Owners Association of America (GOA) and the Gun Owners Foundation (GOF) have initiated a federal lawsuit aimed at overturning Pennsylvania’s lifetime ban on carrying firearms for individuals with misdemeanor drug convictions.
This action follows a recent ruling by the Supreme Court, which clarified the reach of 18 USC 922(g)(3) in a decision from June 18 in the case of Hemani v. United States. The complaint from GOA and GOF references this ruling and has been filed in the United States District Court for the Western District of Pennsylvania.
The lawsuit argues that the Supreme Court’s recent decision indicated that the prohibition against drug-related “illegal users” under federal law is unconstitutional when applied to defendants like Craig Phillips, who had previously used marijuana.
Phillips himself was convicted in 1994 for misdemeanor marijuana possession, yet he has maintained a clean record and has successfully passed several federal and state background checks to purchase firearms.
The complaint highlights how, in Hemani, the federal government attempted to illustrate its long-standing tradition of disarming drug users by referencing historical laws against “habitual intoxication.” However, the court differentiated these laws, asserting they didn’t target “people who merely drink regularly,” implying that many prominent early Americans could have been unjustly affected.
Furthermore, GOA and GOF pointed out that Phillips faced a charge carrying a lesser penalty than some summary offenses and that his criminal record does not impede his ability to secure a License to Carry a Firearm (LTCF). They noted that the Supreme Court’s ruling in Hemani reversed the conviction under 18 USC 922(g)(3) on Second Amendment grounds, stating that there was no evidence suggesting that Phillips’ marijuana use posed a danger to himself or others.
As of now, Pennsylvania’s Democratic Governor Josh Shapiro has not responded to inquiries regarding the lawsuit.
