Eighth Circuit tosses gun conviction on marijuana user, orders retrial

In a major blow to one of the federal government’s most contested gun control statutes, the U.S. Eighth Circuit Court of Appeals has vacated the firearm conviction of Aldo Ali Cordova Perez, a daily marijuana user from Iowa, who was convicted of violating the federal law that prohibits “unlawful users of controlled substances” from owning guns.

At the heart of the ruling is the court’s growing skepticism toward 18 U.S.C. § 922(g)(3) — a law that strips Second Amendment rights from anyone who uses drugs deemed illegal under federal law, even if that use is legal at the state level. The three-judge panel concluded that the trial court failed to make the required factual findings showing Cordova Perez posed a credible threat to others because of his cannabis use.

High-speed chase, but no gun involved

The case stems from a 2023 drug sting in Des Moines, Iowa, where Cordova Perez led police on a dangerous high-speed chase after being caught up in a DEA operation targeting a large methamphetamine sale. Officers recovered marijuana from his pocket after the crash — but not a gun.

Later, Cordova Perez admitted to owning a dust-covered .22 rifle stored at home for “home safety.” It hadn’t been used in years.

He was acquitted on all drug trafficking and gun charges — except one: illegal gun possession as a marijuana user under § 922(g)(3). That conviction landed him a 36-month prison sentence.

Court: Being a pot user doesn’t automatically mean you’re dangerous

In its July 22 ruling, the Eighth Circuit said the conviction couldn’t stand unless the government could show that Cordova Perez’s marijuana use made him act like someone “mentally ill and dangerous,” or that his use “induced terror” or posed a “credible threat to the physical safety of others.”

That’s a high bar, and one the district court never really attempted to reach. While it emphasized how reckless Cordova Perez’s driving was during the chase, the appellate court noted that it never actually linked that behavior to his marijuana use in a meaningful way.

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The panel pointed out that “neither drug use generally nor marijuana use specifically automatically extinguishes an individual’s Second Amendment right,” and that a blanket ban — without proving individual dangerousness — doesn’t cut it under the Constitution.

The Eighth Circuit also said it may be up to a jury, not just a judge, to decide whether Cordova Perez’s marijuana use made him dangerous. That means a retrial could be in the cards — one that focuses not just on his pot use, but on whether it made him a real threat to others.

Why it matters

This ruling marks yet another crack in the foundation of § 922(g)(3), a law that has been under increasing scrutiny as more states legalize marijuana. With nearly half the country allowing medical or recreational cannabis, millions of otherwise law-abiding gun owners are technically felons under this federal statute.

Other recent rulings — including U.S. v. Daniels, U.S. v. Baxter, and U.S. v. Cooper — have similarly questioned the constitutionality of the law when applied to nonviolent marijuana users.

The Department of Justice is fighting back, hoping the Supreme Court will take up U.S. v. Hemani, a case involving a marijuana and cocaine user with a criminal past. The DOJ likely sees Hemani as a stronger test case to defend the law, fearing that if a sympathetic defendant like Cordova Perez gets reviewed, the Court might gut the law entirely.

The bigger picture

Legal experts say this string of decisions could force Congress to clarify or rewrite the federal gun ban for drug users. Some lawmakers are pushing bills to exempt medical marijuana patients from § 922(g)(3), while others want to scrap the law altogether.

If the Supreme Court eventually strikes down the statute — or significantly narrows it — millions of lawful gun owners who use marijuana in compliance with state law may finally see their Second Amendment rights restored.

For now, the Cordova Perez case heads back to the lower court for a do-over — but make no mistake, the ground is shifting. And fast.

Republished with permission from AmmoLand.