Lawyers in a federal appeals court case faced off this week over when the government may lawfully disarm someone for using marijuana, with the Department of Justice (DOJ) arguing that merely a person’s recent use of the drug is sufficient to establish that they’re in violation of the law and should not legally be able to possess a gun.Judges on the U.S. Court of Appeals for the Fifth Circuit, however, pushed back on the government’s position, noting at oral argument on Tuesday that a recently published opinion within the same judicial circuit held that while “some limits on a presently intoxicated person’s right to carry a weapon” may be constitutional, “disarming a sober person based on past substance usage” is not.

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