A U.S. appeals court ruled on Wednesday that Paola Connelly, a Texas woman who smokes marijuana, cannot be prosecuted for violating a federal ban on illegal drug users owning firearms. The court determined that disarming her based on her past marijuana use is unconstitutional. The New Orleans-based 5th U.S. Circuit Court of Appeals cited the U.S. Constitution's Second Amendment, referencing a significant 2022 Supreme Court ruling that expanded gun rights.

In the ruling, U.S. Circuit Judge Kurt Engelhardt emphasized that "marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms." He further clarified that while the government might have grounds to prevent individuals actively under the influence of drugs from possessing firearms, there is "no historical justification for disarming a sober citizen not presently under an impairing influence."

This decision upholds part of a lower court’s ruling that had dismissed charges against Connelly on Second Amendment grounds. However, the appellate court revived another charge against her for violating the federal ban on transferring firearms to someone who uses illegal drugs.

The case dates back to December 2021 when El Paso police responded to a report of shots fired at Connelly's home. Officers found her husband firing a shotgun at a neighbor’s door. During the investigation, Connelly admitted to occasionally smoking marijuana. A search of the house revealed drug paraphernalia and multiple firearms, some of which were owned by Connelly.

Judge Engelhardt’s opinion referenced the 2022 Supreme Court case, New York State Rifle & Pistol Association v. Bruen, which set a new precedent for evaluating firearm regulations. The ruling states that gun regulations must align with "this nation's historical tradition of firearm regulation." Engelhardt noted that, historically, U.S. laws didn’t disarm people for regular drug use, pointing out that early American laws only restricted the carrying of weapons while actively under the influence of alcohol.

While this ruling is a win for Connelly regarding her right to bear arms, it doesn't completely absolve her of all charges.