Eighth Circuit Upholds Firearm Conviction for Unlawful Marijuana User

The U.S. Court of Appeals for the Eighth Circuit on July 13 upheld the conviction of Baxter for possessing a firearm as an unlawful drug user in violation of 18 U.S.C. § 922(g)(3). Reason reported the decision in U.S.

V. Baxter. The ruling came after the Supreme Court in U.S. v. Hemani held that unlawful marijuana use does not automatically remove Second Amendment protections and left open prosecutions supported by individualized proof that a defendant's drug use renders him a danger to himself or others.

The Eighth Circuit concluded that Baxter's case fell within that category. Baxter, a member of the Strap gang, was involved in a fight with members of the C-Block gang that began in downtown Des Moines, Iowa, on May 21, 2023. After officers tried to break up the initial clash, the groups resumed fighting 30 minutes later.

A bystander told officers Baxter had a gun. When confronted, Baxter said he had nothing in his pocket and ran. Officers caught him and recovered a loaded Taurus 0.40 caliber pistol and a baggie of marijuana.

A urine test confirmed THC or marijuana metabolites. The district court found that Baxter presented a credible threat to the safety of others while engaged in a sustained public confrontation while acting aggressively with other gang members and in possession of a loaded firearm. It also found that marijuana impaired his judgment that night.

Dr. Huestis, a toxicology expert, testified to a strong connection between chronic cannabis use and aggression and violence, and to cognitive effects of withdrawal that can last several days. The Eighth Circuit held that a preponderance of the evidence standard applies to the historical-tradition inquiry under Bruen and that Baxter's conduct was analogous to Founding-era laws prohibiting taking up arms to terrify the people.