Understanding the Legal Impact of United States v. Erik Harris – And What It Means for You
Date Decided: July 14, 2025
Court: United States Court of Appeals for the Third Circuit
Key Issue: Does marijuana use disqualify you from owning a firearm under federal law?
Why This Case Matters
If you’re a gun owner—or thinking of becoming one—and also use marijuana, even in a state where it’s legal, United States v. Erik Harris just changed the game. At Guest and Gray Law Firm, we stay on top of groundbreaking decisions like this because they directly affect your rights. This case reshapes how courts view the intersection of Second Amendment gun rights and marijuana use. It could mean the difference between keeping your freedom or facing serious federal charges.
What Happened in United States v. Erik Harris?
Erik Harris, a 21-year-old man, bought three pistols while regularly smoking marijuana. He lied on federal forms, checking “no” when asked if he was an unlawful drug user. After police learned of his marijuana use, he was charged under: – 18 U.S.C. § 922(g)(3) – possessing guns as an unlawful drug user – 18 U.S.C. § 922(a)(6) – lying on federal firearm forms Harris challenged the charges, claiming the law violated his Second Amendment rights. The court’s response? Complicated—but critical.
The Court’s Ruling: Marijuana, Guns, and the Second Amendment
Is it unconstitutional to ban drug users from owning guns?
Not necessarily. The court compared marijuana users to historically disarmed groups— like drunk individuals and the mentally ill—from the Founding era. If a person’s drug use impairs judgment and makes them a potential danger, a temporary ban on gun ownership can be constitutional.
Is “unlawful user” too vague?
No. The court said Harris knew what he was doing was illegal. He used marijuana regularly while buying firearms and lied about it. That’s enough to make the law apply to him clearly.
The Legal Shift: Focus on Individual Danger
The biggest takeaway? Federal law is not a blanket ban. The court said it’s not enough to simply use marijuana—you must pose a specific, real-world risk of danger to justify losing your gun rights. Your story matters. How often you use, when you used, how it affects your behavior—all of this now matters in court. That’s where our defense team comes in.
What This Means for You or a Loved One
If you: – Use medical or recreational marijuana – Own or want to purchase a firearm – Have been charged with a gun crime related to drug use …this case could make or break your defense. At Guest and Gray, we fight for individualized justice. That means telling your story in a way that shows you aren’t a threat—and protecting your rights from vague or outdated interpretations of the law.
Key Legal Takeaways
– Lying on federal forms is still a felony.
– Gun possession while using drugs is temporarily prohibited—but must be proven dangerous.
– Judges must now assess risk on a case-by-case basis—not just rely on stereotypes.
Facing Gun or Drug Charges? Let’s Talk.
This case proves one thing: the law is changing. And if you’re caught in the middle, the right legal team can make all the difference. Call Guest and Gray now for a free consultation. Based in Forney, we serve clients across Texas. We fight for your rights— and we win.
Related Topics
– Can Medical Marijuana Users Own Guns in Texas?
– What Happens If You Lie on ATF Form 4473?
– How the Second Amendment Is Changing in 2025
