On Friday, a number of gun control organizations and blue state politicians (along with, oddly enough, the Republican attorney general of Ohio) submitted amicus briefs in support of the DOJ’s contention that the federal ban on gun possession for all “unlawful” users of drugs comports with the text of the Second Amendment and the tradition of gun ownership in the United States.
The attorneys general of Washington, D.C, Illinois, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Oregon, Rhode Island, Vermont, and Washington State teamed up for their amicus brief, which argues not only that Section 922(g)(3) is constitutionally compliant, but that states have unlimited authority to impose gun bans on “habitual” drug users as well… even in states that have legalized marijuana for medical and/or recreational use.
California Attorney General Rob Bonta was so happy to participate in the amicus brief that his office publicized his role in a press release. As Firearms Policy Coalition’s Rob Romano noted on Friday, though, Bonta’s position on Hemani stands in stark contrast with another statement he made earlier in the week.
.@AGRobBonta, who said yesterday that CA “has the largest safe, legal, and regulated cannabis market in the world,” says today that marijuana (and other federally-illegal drug users) would pose “clear public safety risks” if they’re allowed to own guns https://t.co/FwHV2pXEtX
— Rob Romano (@2Aupdates) December 20, 2025
If “habitual” pot smokers pose clear public safety risks by owning a gun, what about when they get behind the wheel of a car? Should they be able to possess knives? And if pot is so dangerous, at least in the eyes of California politicians, why can residents legally purchase an ounce of flower every day… compared to the law limiting residents to purchasing one gun every 30 days (a law that’s currently being challenged in the Ninth Circuit Court of Appeals).
After seeing Rob’s post on X over the weekend, I thought I’d cover Bonta’s press release in more detail here at Bearing Arms. When I tried to access the press release, though, I got an “Access Denied” message. The release doesn’t appear in the list of press releases from the AG’s office either.
I suppose its possible that this is just another “error” in the AG’s office, like the supposedly accidental release of personal information of thousands of concealed carry holders a few years ago. Maybe an IT intern just got a little sloppy and accidentally purged the press release from the online database.
Or, maybe Bonta decided that his position might not sit well with California voters and would be a liability if he decides to run for governor next year. As Bonta touted last week, the state has the largest regulated cannabis market in the world, and the AG has declared that anyone who participates in that market has sacrificed their Second Amendment rights.
This is a sticky issue for Democrats across the country. The vast majority of their base supports marijuana legalization and increased gun control, but my guess is that an outright ban on gun ownership for marijuana users is a much dicier proposition. I haven’t been able to find any reputable polling on the issue, but an admittedly unscientific poll among 174 Reddit users two years ago found that 53 self-identified lefties believe that marijuana users should be able to own guns, while just 19 supported Section 922(g)(3).
But these AGs, most of whom represent states where recreational use of marijuana has been decriminalized, believe that “habitual” users of cannabis can and should lose access to their Second Amendment rights. Oddly, the amicus brief never really touches on the fact that recreational marijuana is legal in almost half the country and 40 states have adopted medical marijuana laws, though it does argue in detail that firearm possession by habitual drug users pose a threat to the public “because obtaining unlawful drugs can expose them to the inherent violence and criminality associated with the drug trade.”
What about when they’re exposed to “the largest safe, legal, and regulated cannabis market in the world”? Does that change anything? Apparently not from Bonta’s point of view, though that’s a position that could easily end up being a political liability even in gun-controlled California.
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