Supreme Court

NRA Amicus Brief Argues that Ban Fails Bruen Test

David Kopel | 1.30.2026 7:29 PM

Currently being briefed before the U.S. Supreme Court on the merits is a test of the federal statutory ban, with severe felony penalties, for any marijuana "user" who possess a firearm or even a single round of ammunition. 18 U.S.C. sec. 922(g)(3). The Supreme Court's docket page is here. And here is the amicus brief I coauthored on behalf of the National Rifle Association, FPC Action Foundation, and Independence Institute (where I work). The lead author was NRA's litigation director Joseph Greenlee. As always in a Greenlee brief, the originalist legal history is complete and impeccable.

Below is the Summary of Argument.

"To justify firearms prohibition for marijuana users when they are not intoxicated, the government must prove that the ban is consistent with our nation's historical tradition of firearm regulation. That........

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