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Summary
Transcript
The courts have been all over the map on this one, but now the federal government is staring down the barrel of another major Bruin-era reckoning. And this one is brought to you by Blackout Coffee. We at Blackout Coffee have donated $150,000 to 2A groups fighting for our rights this year alone, thanks to your support. Grab some GOA, SAF, and FPC roasts, and we send $2 for each one of those items sold right back to those respective groups to sue the government. Blackoutcoffee.com slash G&G, use code G&G10 to save 10%. Thank you for your support.
Now buckle up, grab that Blackout Coffee, and let’s get into this one. The case started in Florida where several law-abiding residents, Vera Cooper, Nicole Hansel, and Neil Franklin, used medical marijuana legally under their state law. They filed suit arguing that 922 G3, the federal ban on gun possession by unlawful users of controlled substances, violates the Second Amendment as applied to them. Now, here’s the key point. Under federal law, marijuana is still a Schedule 1 controlled substance. Even if your state says it’s legal, the ATF says otherwise. So when these Floridians check yes on the ATF Form 4473, admitting to medical marijuana use, the gun store has to deny the sale.
They sued arguing that doctor prescribed cannabis doesn’t make you a criminal or a dangerous person and that the Second Amendment protects them just like anyone else. Now the District Court tossed the case. The judge said that disarming medical marijuana users fits within the history and tradition of disarming those engaged in criminal conduct in America and even likened them to alcoholics and the mentally ill. But the 11th Circuit Court of Appeals wasn’t having it. In a landmark August 2025 ruling that we covered here on the channel, the panel vacated that decision and rebuked the government.
The court said the DOJ failed to prove that disarming medical marijuana patients is consistent with this nation’s historical tradition of firearm regulation. Of course, that’s the Bruin standard. And Judge Branch wrote that at most these folks were committing a misdemeanor, not a felony, and there’s no historical precedent for disarming misdemeanants. She also noted the Complaintant had zero evidence. The Complaint had no evidence that these plaintiffs were dangerous, violent, or reckless. Simply put, the government didn’t meet its burden under Bruin. And that’s a massive win for the plaintiffs and a direct challenge to how ATF enforces Section 922-G3.
Now enter Pam Bondi, the Attorney General of the United States, joined by acting ATF Director Daniel Driscoll. They have filed what’s called an application for an extension of time with the Supreme Court, the most pro-2A DOJ, remember. Why? Because they’re deciding whether to petition for certiorari, which is the formal request, asking the Supreme Court to take the case. They want an extra 29 days, pushing the deadline to December 19th of 2025. Their reasoning is simple. They need more time to consult across agencies and evaluate the legal and practical impact of the 11th Circuit’s decision.
They could have been doing that since August. Translation, they know this ruling could blow up the entire enforcement of Section 922-G3. If the High Court takes this case, it could determine whether the federal government can continue banning gun ownership for millions of Americans who use medical marijuana in the 37 states where it is legal. Let’s break down the 11th Circuit’s opinion here because it’s a master class in how post-brewin courts are dismantling weak government justifications. Now, the court here said that medical marijuana users are covered by the Second Amendment’s plain text. Why? Because they are part of the people.
The government can’t simply brand them not law-abiding or irresponsible. Rahimi already rejected that logic. There’s no historical tradition of disarming non-violent misdemeanors and labeling them dangerous just for using doctor-prescribed cannabis isn’t supported by evidence. In short, you can’t take away someone’s Second Amendment rights just because they use a plant that their state legalized. Now, the ruling followed a growing trend here. You got the 5th Circuit’s Connolly decision, the 3rd Circuit’s Harris decision, and the 6th Circuit’s Van Octen opinion. All saying similar things. That ATF cannot lump peaceful users into the same category as felons or psychotics.
This case could reshape the relationship between state-level legalization and federal gun laws. Right now, millions of Americans are in a gray zone. They follow their state’s medical marijuana laws, but the federal government treats them like criminals the moment they touch a firearm. If the Supreme Court sides with Cooper and Hansel, Section 922G3 could be ruled unconstitutional as applied to them, and that would send shockwaves through ATF enforcement nationwide. It’s also a test of whether the Department of Justice, under Bondi, will keep defending the old ATF status quo, or finally recognize that Bruin changed the game.
And remember, the Drug Enforcement Agency, the DEA, they’re actively considering rescheduling marijuana from a Schedule 1 to a Schedule 3. If that happens, the entire controlled substance basis of the gun ban could collapse altogether. So it’s almost like it’s going to happen one way or another. Here’s the timeline. The 11th Circuit’s judgment came down August 20th of 2025. The government’s deadline to file for certiorari is November 18th. Bondi’s team is asking for a 29-day extension, which would push it to December 19th. If the Supreme Court grants it, expect a cert petition by the end of the year.
And if the court grants review, arguments could happen as early as spring of 2026. This could become the next Bruin-level showdown. And for once, it might force Washington to acknowledge what half the country already knows. The right to self-defense doesn’t vanish because you choose a different form of medicine. Patriots, this isn’t just about cannabis. It’s about whether the federal government can create entire classes of prohibited people without any finding of danger or violence. And just because it disagrees with their choices. Now, the 11th Circuit got it right. And now Pam Bondi’s Department of Justice has a decision to make.
Keep fighting to disarm peaceful Americans or respect the Constitution that she swore to uphold. And since they watch my channel, I hope you make the right decision. If you value your rights, hit the subscribe button, hit the like button, and share this video with every patriot you know. The fight for freedom never rests, and neither do we. Until the next one, stay safe, stay armed, and stay free. Take care. [tr:trw].
See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.