On August 31, the 9th U.S. Circuit Court of Appeals upheld a federal gun ban on medical cannabis cardholders.
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Jakoff went on to note that, while consumers of medical cannabis are less likely to commit violence than users of other illegal substances, the courts are nonetheless supportive of the government’s declaration that “illegal drug users, including marijuana users, are more likely to be involved in violent crimes”. The background check process for purchasing a firearm includes Form 4473 which explicitly asks the potential firearm buyer if he or she is “an unlawful user of. marijuana”. “Yes or No.” She showed the question to the gun shop owner, who knew that she had a card, and he denied her request to purchase the firearm. “But those hypotheses are not sufficient to overcome Congress’s reasonable conclusion that the use of such drugs raises the risk of irrational or unpredictable behavior with which gun use should not be associated”. However, those who use and are addicted to illegal drugs have been legally barred from the purchase and possession of firearms since Congressional passage of a 1968 law.
He has said that he, too, was once a pothead, but he will send government lawyers to court to argue that someone who uses marijuana for legitimate medical purposes is as risky as, perforce, a Chicago gangbanger, and must therefore be denied the rights guaranteed to others under the Constitution.
Medical marijuana advocates were not pleased.
Last year, the NRA spoke out against what is saw as the Obama administration’s favoring marijuana businesses over gun businesses. “The defendants have enacted policies, procedures and customs with the specific intent of denying the Second Amendment rights of persons who have registered to use medical marijuana pursuant to and in accordance with state law”.
[Wilson] did not have a constitutionally protected liberty interest in [both] holding a registry card and purchasing a firearm…. I am not a gun owner so I have no dog in this fight but feel this is beyond stupid. Gun rights advocates have criticized Operation Choke Point, a federal program that they believe is meant to pressure banks not to do business with legitimate firearms and ammunition retailers.
Re: “Court: OK to ban gun sales to pot card holders”, (TNT, 9/1). “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”, Armentano said. This decision involves states like Washington or California.
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While the NRA’s news channel has since tweeted a few links to news articles about the ruling, the organization has not issued any commentary about its position on the matter. Rainey has promised to appeal the ruling either to the full circuit court or to the Supreme Court.
