The U.S. Department of Justice signaled it may shift its legal strategy on a controversial federal gun law affecting marijuana users, even as it continues to defend the statute in court.
Speaking at a Wednesday briefing, Acting Attorney General Todd Blanche said the department is actively reconsidering how it approaches cases tied to 18 U.S.C. § 922(g)(3), which prohibits firearm possession by individuals who use controlled substances, including cannabis. His comments suggest a potential recalibration under the Trump administration, despite ongoing litigation defending the law’s constitutionality.
“Yes, of course we are,” Blanche said when asked if the DOJ is reevaluating its stance. He emphasized that any changes would be incremental, noting that cases are being assessed individually depending on their stage in the legal system, including appeals and arguments before the U.S. Supreme Court.
The remarks come shortly after the administration argued before the high court that the firearm restriction remains consistent with the Second Amendment. In a separate filing, Solicitor General D. John Sauer said that a pending move to federally reschedule marijuana should not influence the court’s decision in a closely watched case, U.S. v. Hemani.
At the same time, the DOJ and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced a slate of 34 proposed and final regulatory actions aimed at easing administrative burdens for gun owners and dealers. While none directly overturn the marijuana-related firearm ban, one proposal could affect how it is enforced.
The ATF is planning updates to Form 4473—the mandatory background check document used in gun purchases. The form currently asks applicants whether they are unlawful users of marijuana or other controlled substances and warns that cannabis remains illegal under federal law, regardless of state policies.
Gun rights advocates, including the Second Amendment Foundation, say they are closely watching how that language may change, particularly as the Supreme Court weighs in.
Separately, the ATF has already proposed narrowing the definition of “unlawful user,” potentially reducing the number of people affected by the prohibition. Officials say the broader regulatory push is designed to focus enforcement on deliberate violations rather than technical infractions by otherwise lawful gun owners.
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