US Court: Ban on Gun Sales to Medical Marijuana Cardholders Does Not Violate 2nd

[Davmalk]

Amendment

SAN FRANCISCO (AP) — A federal appeals court has upheld the government’s ban on the sale of guns to medical marijuana card holders.

The 9th U.S. Circuit Court of Appeals said Wednesday the ban does not violate the 2nd Amendment.

The ruling 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 tried to buy a firearm in 2011 after obtaining a medical marijuana card.

The gun store refused, citing the federal rule on the sale of firearms to illegal drug users. Marijuana remains illegal under federal law.

 

[whitebb2727]

Amendment

SAN FRANCISCO (AP) — A federal appeals court has upheld the government’s ban on the sale of guns to medical marijuana card holders.

The 9th U.S. Circuit Court of Appeals said Wednesday the ban does not violate the 2nd Amendment.

The ruling 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 tried to buy a firearm in 2011 after obtaining a medical marijuana card.

The gun store refused, citing the federal rule on the sale of firearms to illegal drug users. Marijuana remains illegal under federal law.

The woman should have marked no on the form for marijuana use. How else would they know?

 

[twostrokenut]

The woman should have marked no on the form for marijuana use. How else would they know?

Its not really lying either given the fact schedule I having "no medical use" is in the definitions at fed level and med patients exist at fed level.

 

[Sir Napsalot]

The Federal form says "are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

Why on Earth would a medical marijuana patient say "yes"?

 

[rkymtnman]

conspicuously absent is alcohol in the list.

the burden of proof is on them, not you.

 

[Justin-case]

The Federal form says "are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

Why on Earth would a medical marijuana patient say "yes"?

Fear of being caught, urinalyses, ect?

 

[Growdict]

People get all hopped up on marihuana and go crazy shooting rampaging all the time. Lol

 

[SneekyNinja]

People get all hopped up on marihuana and go crazy shooting rampaging all the time. Lol

Can't have the "coloreds" getting all rowdy, smoking herb and mixing with our white women.

 

[budlover13]

It is a crime to lie on a background application. Not agreeing, just saying.

 

[potroastV2]

That's bullshit! The question clearly says "unlawful," which no currently legal patient can say. If you are legally using marijuana, then you can answer the form honestly, and buy a gun.

 

[Chunky Stool]

That's bullshit! The question clearly says "unlawful," which no currently legal patient can say. If you are legally using marijuana, then you can answer the form honestly, and buy a gun.

Totally agree, however, a lot of people still get busted even though the state they live in approves of cannabis.
One common theme seems to be prevalent: do not draw attention to yourself. If you think the police will be less suspicious if you approach them, you are mistaken. I am nervous about being entered into the "official" WA MMJ database. On the bright side, if one of my neighbors calls the cops and says he thinks I grow weed, they can look me up in their database to see if I have a permit.
On the down side, if they decide to drop the hammer and shut everyone down, I will be at the top of the list.

 

[Sir Napsalot]

That's bullshit! The question clearly says "unlawful," which no currently legal patient can say. If you are legally using marijuana, then you can answer the form honestly, and buy a gun.

That was exactly my point

 

[bulimic]

I wouldn't be surprised if this goes to the Supreme Court, they would overturn this court's decision because it seems like such a blatant case of infringing on the 2nd Amendment. I honestly couldn't see SCOTUS ruling any other way.

 

[Ace Yonder]

I wonder if they will start putting an "Are you a gun owner" question on the application for a medical card, since presumably you would be breaking the same law.

 

[see4]

It is a crime to lie on a background application. Not agreeing, just saying.

Technically not lying though if you are a legal card holder AND are not under the influence of marijuana at the time of filling out the application.

#justsayin

 

[see4]

I wonder if they will start putting an "Are you a gun owner" question on the application for a medical card, since presumably you would be breaking the same law.

No, because the inverse is not true. And you aren't violating any state law if you legally have a MMJ card, but the BATF apparently has the right to refuse authorization to purchase the firearm if you say "Yes". Not technically a law.

 

[Ace Yonder]

No, because the inverse is not true. And you aren't violating any state law if you legally have a MMJ card, but the BATF apparently has the right to refuse authorization to purchase the firearm if you say "Yes". Not technically a law.

You sure about that? My research would seem to indicate that "federal law prohibits possession of firearms by any 'unlawful user of or addicted to a controlled substance,'", and that the wording is "purchase and possession of firearms by people who fall within certain categories". Even if it isn't illegal at the state level, if it contravenes federal law it is illegal, in a technical sense, and knowingly stating otherwise could easily be considered a lie in the eyes of the law.

 

[see4]

You sure about that? My research would seem to indicate that "federal law prohibits possession of firearms by any 'unlawful user of or addicted to a controlled substance,'", and that the wording is "purchase and possession of firearms by people who fall within certain categories". Even if it isn't illegal at the state level, if it contravenes federal law it is illegal, in a technical sense, and knowingly stating otherwise could easily be considered a lie in the eyes of the law.

Totally get why trying to buy a gun while you're high as fuck is illegal.
But I'm not sure it's illegal to try to get an mmj card when already in possession/ownership of a firearm. Meaning, the mmj card is not illegal, the possession of the firearm subsequently would then be illegal after the fact.

I suspect one would not win, but could certainly try their hand in court with the "after the fact" argument. Then again I don't see the ATF rolling in any lighter on someone they are cracking down on for possession of marijuana or firearms. They will bust your door down either way.

 

[potroastV2]

A MMJ card holder can own guns. This is about buying a gun while having a MMJ card.

The swat pigs took my pistols, and the judge made them hold them for me while I was on probation, and then return them to me, as long as I registered them with the State. Once registered, the pigs had to return them to me, along with the bullets.

 

[AKDrifter]

that MMJ card seems like a huge pain in the ass as far as firearms goes. I know it scares the shit out of people in AK who depend on their firearms to fill the freezer every year. Card holders are either denied or falsifying info on that form at purchase, shitty deal either way.

How about CCW and MMJ card? another mess I assume.