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US court upholds ban on gun sales to marijuana card holders

Associated Press

SUDHIN THANAWALA 5 hours ago

SAN FRANCISCO (AP) — A federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday.

 

The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court's jurisdiction, including California, Washington and Oregon.

 

 

It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.

 

Marijuana remains illegal under federal law.

 

Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.

 

She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.

 

The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.

 

The court also said Congress had reasonably concluded that marijuana and other drug use "raises the risk of irrational or unpredictable behavior with which gun use should not be associated."

 

Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal the decision and his options include submitting the appeal to the same panel of judges that issued the ruling, a larger panel of the circuit court or the U.S. Supreme Court.

 

"We live in a world where having a medical marijuana card is enough to say you don't get a gun, but if you're on the no fly list your constitutional right is still protected," he said.

 

The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.

 

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said the idea that marijuana users were more prone to violence is a fallacy.

 

"Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens," he said.

 

Alex Kreit, a marijuana law expert at Thomas Jefferson School of Law in San Diego, said the ruling was significant — but may not be the last time the 9th Circuit addresses medical marijuana and gun rights.

 

"It seems like the court did not foreclose the possibility of a challenge by actual medical marijuana users that they shouldn't be lumped with other drug users in terms of concerns about violence," he said.

 

 

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Where is the NRA?

 

So what about folks who already have a firearm before they get their card? Would someone have to turn in their great grandfathers firearm that was passed down generations.

 

Essentially , if you don't take dangerous pharmaceuticals we are coming for your guns?

 

A lot of folk have a voter registration card, does that mean they vote? There was only 20% turnout this primary, most people do not vote, so the argument ,if you have a card you must, is rediculous. Ell, I know several non users that have cards just to show solidarity with the Cannabis Movement.

 

Stick to your guns, Free the Weed

Edited by beourbud
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Where is the NRA?

 

So what about folks who already have a firearm before they get their card? Would someone have to turn in their great grandfathers firearm that was passed down generations.

 

Essentially , if you don't take dangerous pharmaceuticals we are coming for your guns?

 

A lot of folk have a voter registration card, does that mean they vote? There was only 20% turnout this primary, most people do not vote, so the argument ,if you have a card you must, is rediculous. Ell, I know several non users that have cards just to show solidarity with the Cannabis Movement.

Sitting back, laughing, hoping we will buy a bunch of guns and hide them because we are scared. The NRA just loves this kind of stuff. They thrive on it. They don't want it to go away. They are making money off of us again.

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This ruling was for 9 western states, that included California, Oregon, and Washington.

Right on, but look for similar law coming our way.

 

It took no time at all for anti gay laws to sweep across the country once the first baker refused to bake a cake.

 

Besides shouldn't we fight injustice no matter what state, or should we not care until it affects us?

 

Do we sit and wait or do we fend off the threat before it is at the door?

 

We choose the later

Edited by beourbud
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So wait, if you are a recreational user of cannabis in Colorado, you can still buy a gun, but if you get a card for medical, and use a high CBD strain, not high THC, then you can't?  That seems like something that the NRA could get behind. 

 

This is one of those things, if it was sched 2, then it would be OK to have a gun, but then they will commercialize it and make it pharmacy only and take our grow rights away.  Double edged sword, I'll stay gunless for now.

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LEO and the fknrepublicans have a mindset that cannabis "users" are 3/5 Human.

3/5's is generous.  they think we are criminals, even though at least 1/4 of THEM are regular users...  Google politician arrested for marijuana, and these are just the ones that get arrested, not the ones where the cop says, I saw nothing, be on your way...  Tons of anti-MJ politicians are charged every year with possession or consumption of Marijuana, Coke, and more...

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  • 3 months later...

Anyone know the new wording on applications for purchasing a firearm? Heard they changed the wording concerning marijuana.

 

Because it is federal and the new form states so,

 

e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or

decriminalized for medicinal or recreational purposes in the state where you reside.

 
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