On September 9, 2025, the Ninth Circuit affirmed the denial of a motion to dismiss an indictment against Jaren Michael Stennerson, who was charged under 18 U.S.C. § 922(g)(3) for possessing a firearm as an unlawful user of methamphetamine and under § 922(n) for receiving a firearm while under felony indictment. United States v. Stennerson, 2025 WL 2600006 (C.A.9 (Mont.), 2025). Stennerson argued both statutes violate the Second Amendment on their face and that § 922(g)(3) is unconstitutionally vague as applied to him. The panel, in an opinion by Judge Forrest, rejected these claims, finding the statutes consistent with historical traditions of firearm regulation under the framework set by New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), and United States v. Rahimi, 602 U.S. 680 (2024).
The court held that § 922(g)(3), which prohibits unlawful users of or addicts to controlled substances from possessing firearms, survives facial challenge because it can be constitutionally applied in circumstances analogous to founding-era laws restricting arms from intoxicated individuals. Citing examples like Virginia's 1655 ban on shooting guns while drinking and post-founding statutes in states such as Kansas and Missouri barring carry while intoxicated, the panel reasoned these traditions support disarming those impaired in judgment, such as active drug users. The court noted alignment with decisions from the Fifth and Eighth Circuits upholding the statute's facial validity, though it left open the possibility of successful as-applied challenges where the restriction exceeds historical analogues. On vagueness, the panel found Stennerson had clear notice, given his admitted daily methamphetamine use contemporaneous with possession, consistent with prior Ninth Circuit precedent in United States v. Ocegueda, 564 F.2d 1363 (1977), and United States v. Purdy, 264 F.3d 809 (2001).
While the case involved methamphetamine, its reasoning extends to other controlled substances, including marijuana, which remains a Schedule I drug under federal law. This raises unresolved questions regarding the ongoing conflict between state protections for off-duty cannabis use and federal firearm restrictions. California's Assembly Bill 2188, effective January 1, 2024, amended the Fair Employment and Housing Act to prohibit employers from discriminating against employees or applicants based on off-duty cannabis use or non-psychoactive metabolites in drug tests. Though untested by the courts, this law may apply to public safety personnel, including peace officers. Senate Bill 700 further reinforces these protections by barring inquiries into prior cannabis use during hiring.
These state laws offer job security for marijuana users, but federal law conflicts. Section 922(g)(3) categorically bars firearm possession by unlawful drug users, and marijuana's federal status makes even occasional users "unlawful" regardless of state legalization. Before Bruen, the Ninth Circuit in United States v. Dugan, 657 F.3d 998 (2011), upheld this ban for drug users, including marijuana users.
The Ninth Circuit has not squarely addressed recreational marijuana under Bruen standards. Peace officers must often possess firearms off-duty. Yet using cannabis off-duty, even sporadically, could trigger federal prosecution under § 922(g)(3), as courts interpret "unlawful user" to include regular or prolonged use close in time to possession. Recent challenges in other circuits, like the Fifth Circuit's United States v. Connelly, 117 F.4th 269 (2024), suggest as-applied relief might be available for non-intoxicated marijuana users, but no such ruling has emerged in the Ninth Circuit yet.
Officers considering off-duty cannabis use should consult legal counsel to weigh risks, including department policies and federal gun charges. This ruling underscores the need for caution when state law conflicts with federal prohibitions. The law surrounding these issues will likely evolve as further as-applied challenges are litigated within the Ninth Circuit.
