US court upholds ban on gun sales to marijuana card holders

ABC News

A federal government 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, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.

The 9th Circuit in its 3-0 decision said Congress reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

The court also concluded that it’s reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.

Wilson’s attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal.

“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.

http://abcnews.go.com/US/wireStory/us-court-upholds-ban-gun-sales-marijuana-card-41778814

Jim

6 thoughts on “US court upholds ban on gun sales to marijuana card holders

  1. “A federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday.”

    Every single ‘ban’ and gun ‘law’ EVER ‘passed’ is in DIRECT violation of the 2nd. Only a lowlife commie (LYING) jewb#tch would state otherwise.

    “The ruling by the 9th U.S. Circuit Court of Appeals…”

    I knew THAT before I even clicked on the article. Hang THOSE scumbags TWICE.

    “Wilson’s attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment.”

    How so, CHAZ???

    They’re consistently TRASHING it at every possible opportunity.

  2. The worst possible scenario.
    A stoner shooting you in the crotch.
    Actually I’m a better shot on weed then liquor.
    How would I know this…?

  3. Anyone Nazi this coming? It’s that genie with the “be careful what you wish for” mentality again. They had no right to meddle with either to begin with.

  4. HELL YEA YOU DAMN DOPERS! “SHALL NOT BE INFRINGED”? VWAHAHAHAHA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  5. I say it is an infringement

    every Free man has his rights intact .. period

    and all this will do is promote more guns sold without registration , and i also support that .. so screw the ones who choose who gets rights and who doesnt .. Civil Disobedience and the will to back it up

  6. More tyranny from the black robe wearing trannies. So, I can go to the store, buy a handle of whiskey, go home and start chugging while I shoot the hell out of my guns and that’s all just fine and dandy. But let me do the same thing while smoking a doobie and I loose my gun rights? I don’t think so Tim! I would much rather be around stoners shooting than drunks.

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