Appeals court upholds ban on gun sales to medical marijuana card holders
to medical marijuana card holders
(AP Photo/Robert F. Bukaty, File)
A federal government ban on the sale of guns to medical marijuana card holders does not violate the 2nd 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 tried to buy a firearm in 2011 after obtaining a medical marijuana card.
The gun store refused to furnish an AR-15 uppers, citing the federal rule on the sale of firearms to illegal drug users. Marijuana remains illegal under federal law, and the 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 agreed that it’s reasonable for federal regulators to assume a medical marijuana card holder is more likely to use the drug.
In addition, a ban on the sale of guns to marijuana and other drug users is reasonable because the use of such drugs “raises the risk of irrational or unpredictable behavior with which gun use should not be associated,” Senior District Judge Jed Rakoff said.
The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson.
An email to Wilson’s attorney was not immediately returned.
Filed under: General Problems
Essentially, a chronically ill person who holds a mmj card is being punished for … being sick. In other words, this is nothing but pure discrimination. So since this judge believes that mmj “raises the risk of irrational or unpredictable behavior with which gun use should not be associated,” then this should be extended to all who purchase alcohol …
But let’s not stop there. How about extending this ban to everyone who takes a prescription anti-depressant? Everyone who takes a prescription sleeping pill? Everyone who takes prescription stimulants for narcolepsy or ADD? How about everyone who takes a prescription anti-convulsant? How about everyone who uses tobacco (ever been around a smoker who needs a cigarette in the worst way)? Everyone who purchases cold medication? I can keep going …
This is a VERY slippery slope. Now that they’re cracking down on prescription opioids by passing ridiculous laws that limit how many pills your doctor can prescribe you, states are going to mmj. So what is a chronically-ill person in constant pain supposed to do? Suffer or risk their natural, God-given rights? So when all states go to mmj, will all of the chronically-ill be punished in this country? This is a great way for a government to disarm their people (and we all know what happens after that).