From yesterday's Eleventh Circuit decision in Fla. Comm'r of Ag. v. Attorney General, written by Judge Elizabeth Branch and joined by Judges Robert Luck and Gerald Bard Tjoflat:

[T]wo Florida medical marijuana users who wish to purchase guns and one gun owner who wishes to participate in Florida's medical marijuana program brought a pre-enforcement action seeking declaratory relief that 18 U.S.C. § 922(d)(3) and (g)(3), which prohibit unlawful drug users from possessing or being sold firearms, are unconstitutional as applied to them…. [T]he district court conducted Bruen's history-and-tradition test to determine if the challenged statutes were similar to historical gun regulations. The district court concluded that the laws and regulations at issue in this case were consistent with this N

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