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US court upholds ban on gun sales to marijuana card holders

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  • bac3996

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    US court upholds ban on gun sales to marijuana card holders
    Posted: Aug 31, 2016 2:22 PM CST
    Updated: Aug 31, 2016 7:42 PM CST
    By SUDHIN THANAWALA
    Associated Press


    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.
     

    fl57caveman

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    another way to ban guns....

    pot doesn't make one violent, rather the opposite...


    why not ban those on heavy narcotics? or tranquilizers....? many more instances of those going off the deep end...
     

    wildrider666

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    I have no problem with the decision and support it. It is simple recognition of Fed jurisdiction that guns and pot are a no-no in spite of a State saying Pot is okay (med or rec) with a Card or Rx. Personal choice: pick one.

    I do find a lack of equal enforcement and Fed pressure on city and State deviations in other areas such as Sanctuary Cities to which they are unresponsive. A lot of us will recall the mandatory 55MPH Fed imposed speed limit during the gas crunch around 1979. Feds threatened and held bach highway funds from States in noncompliance. Why is this same tactic not done on Sanctuary States and Cities? Oh.... balama!

    We do notice the Gov made a user tracking system data base then dropped the hammer but the law was always clear.
     

    TURTLE

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    another way to ban guns....

    pot doesn't make one violent, rather the opposite...


    why not ban those on heavy narcotics? or tranquilizers....? many more instances of those going off the deep end...

    Or how about anti depression drugs!!!! Or maybe alcohol drinkers??? This is stupid as weed being illegal in the first place!
     

    Viking1204

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    This is just stupid just like the people who vote against medical marijuana are stupid. Before I go on, I've never tried marijuana nor do I have the urge to. The fact is medical marijuana only contains the good portions of the marijuana that help people medically. In most cases the part that gets you high is removed. I watched a special program on the Discovery channel on this and again those against it don't know the facts. This is something that could be helping people everywhere but big pharmacy companies are using their power in politics to keep it from being legalized because they'll lose money.
     

    Zeroed in

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    I don't see it being a violation of the 2nd amendment, It states the right to bear arms, says nothing about refusing to sell one. But I'm sure it can be construed to mean anything, like they have distorted freedom of speech to include legally burning the American Flag. And from reading the OP, I read nowhere the SC saying those persons could not possess a firearm, Only they agreed they could not purchase one. That to me, means thru a business, not individual sales.
     

    Rapier

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    The problem is the yellow sheet, now white, is a federal form and it asks, pretty much, if you are an illicit drug user, Illicit in this case meaning federally illegal by its form, acquisition or consumption. You answer yes and the form is void, no gun for you. So you have a Mary Jane card of any kind, ah, you are caught in the Fed catch 22 which the feds have no problem with catching you in..... you be Toast. Believe me, just because the ATF does not choose to sledge hammer a fence post into your AH right now, do not give up hope, they will get around to you, sooner or later if they want you.
    Ed
     

    rtprthd

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    First of all...I ain't admitting to shit. But a marijuana user, medical or not, is a lot less dangerous than a drunk with a gun. Or someone on a bunch of pills for that matter.

    But I do get it, with marijuana being banned by the feds. I'll stop before I get on a legalization rant.

    Sent from my SM-G900V using Tapatalk
     

    Brandon_SPC

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    Well I saw that coming, marijuana is not legal federally... You have to pass a federal background check to purchase a firearm... Damn politicians need to get the hell over it and legalize it.
     

    wildrider666

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    I gotta chuckle out of some of the argument's and comparisons proposed; apples vs orange, legal vs illegal, local vs state vs fed regs, insulting voters that don't agree: reads just like pro/anti gun arguements.


    Pots been around for awhile, yet the American Medical Association finds neither merit or consensus of any medicinal purpose that is not better served by other existing medications including placebo "effects".

    Recreation. You can build a legal or illegal firearm, both are fun but one you get arrested for. So goes the comparison of alcohol to pot.

    Firearms buy, own or possess, there are only three categories. Legal, restricted person and those persons that are restricted from private ownership but may posess for duty such as Mil/LE with Domestic Violence restrictions.
     
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    olecarver

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    First of all...I ain't admitting to shit. But a marijuana user, medical or not, is a lot less dangerous than a drunk with a gun. Or someone on a bunch of pills for that matter.

    But I do get it, with marijuana being banned by the feds. I'll stop before I get on a legalization rant.

    Sent from my SM-G900V using Tapatalk

    Your right about the effect mentaly of the user of cannabis being mellow,,pleasant and most very polite and respectful,,,,,, But there is a down fall tell some of them the stash got jacked,,and the thief is running out the door with it,, They become very dangerous and forget rules made by law makers and become violent to get there stash back..... JUst watch the old show Cops Live .... A cannabis holder pulled over is respectful and cooperates completely, A oter substances tend to have quicker attitudes just to talk about there having firearms while under influence
     

    olecarver

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    Will this not lead to those who do carry CCW and have medical problems with anziety,not being brought on by elemnt of surprise but physical reasons other than spooked, but from pains or containment , or pain from injuries but continues his job as security or l/E an plain CCW holder protecting the family on shopping trips, our parking lots have become more aggressive than they were several years back.. Are the Feds going to have it all broke down to how much of any substance titles them to remove the firearm or even charge carrying under influence ???Not cannabis but substance of other types ???? Will there be questions on the new forms do you use medication for any reason,and they choose if it can believe you of you right to protect yourself
    ???
     

    wildrider666

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    If a person has arachnophobia it does not mean the Person will empty a Glock to kill a spider.
    A Rx med is used to eliminate or control a symptom or diagnosed problem. Rx come with a few pages of info, side effects and warning labels as needed regarding use, driving and operating equipment. It is prudent to consider that regarding CC until such time as you know how you react the the medication.

    There is no doubt the anti gun groups and politicians will try to expand the category of firearm restricted person. Mental health, VA, SSA, domestic violence, restraining orders (non family) and arbitrary push for the THREE terrorist lists!

    Opinion of non doctor, unpaid poster.
     

    IronBeard

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    This is directed at no one in particular; the thread just made me think.

    Medical marijuana is not intoxicating, and neither is non-alcoholic beer. I point that out and ask is a "drug" really a "drug" if the active ingredient that got it classified as an "illegal drug" has been removed? Sadly, in this case it is CLASSIFIED a drug even though technically, IMO, it is a legal drug and can be had only by prescription. It is controlled. It's sold by prescription to ensure the active ingredient that once made it an illegal drug has been removed. Read that last sentence again.

    So, it's tested, sold, and controlled like a drug to ensure it's not an illegal drug? I say yes, it's no different that anything else your doctor writes a scrip for, and, again IMO, likely much less impairing/intoxicating. I see grounds for an exception here, but that ain't gonna happen. IMO, government is just looking for an excuse to infringe on the gun rights of anyone they can, and they will use technicalities supported by federal courts to do it until we've lost our rights or had enough.

    We are currently extended the privileged of being able to own firearms and drink alcohol. We are also extended the privileged of being able to decide for ourselves when we've had enough, and should not drive, shoot, etc. That's currently a freedom to do what's right, and pay the consequences if we decide to step over the line. So why can't a person prescribed a non-intoxicating substance have that same freedom? If we keep letting "infringements" like this go, it may take 20 years, but don't be surprised when one day the ATF forms ask if you are an alcohol user because the government is gonna continue to infringe as long as we let 'em.
     

    fl57caveman

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    If a person has arachnophobia it does not mean the Person will empty a Glock to kill a spider.



    my wife would....she said there only 4 types of spiders...

    black widows, brown recluses, tarantulas, and flat ones....:crazy:



    this is just another convenient way to further tighten down who can own guns...next will be pregnant women, because everyone knows they are nuts...
     

    Big Shrek

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    I can give literally thousands of examples why MJ is bad IF YOU LEAVE THE HOUSE...
    Photo-0020.jpg

    See this car? Lady was high as a frakkin kite on weed and drove the wrong way up 9-Mile Road...
    she got LUCKY that the semi knocked her car sideways, and squished the engine compartnment only...
    She got arrested for DUI.

    Having been a firefighter for 21 years, I could post hundreds of pics of stupid wrecks that were caused
    by people who just smoked a doob and decided to go get some munchies...

    MJ affects a lot of decision-making processes.
    It also makes it difficult for the user to determine how fast oncoming traffic is coming at them...
    Or even which side of the highway they are on, like the lady above...

    So to me, it's like any other drug, if you use it, STAY OFF THE MOTHERBLEEPING ROADS.
    Order Delivery pizza/chinese, please. But stay the bleep home.
     

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    rtprthd

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    I can give literally thousands of examples why MJ is bad IF YOU LEAVE THE HOUSE...
    View attachment 47110

    See this car? Lady was high as a frakkin kite on weed and drove the wrong way up 9-Mile Road...
    she got LUCKY that the semi knocked her car sideways, and squished the engine compartnment only...
    She got arrested for DUI.

    Having been a firefighter for 21 years, I could post hundreds of pics of stupid wrecks that were caused
    by people who just smoked a doob and decided to go get some munchies...

    MJ affects a lot of decision-making processes.
    It also makes it difficult for the user to determine how fast oncoming traffic is coming at them...
    Or even which side of the highway they are on, like the lady above...

    So to me, it's like any other drug, if you use it, STAY OFF THE MOTHERBLEEPING ROADS.
    Order Delivery pizza/chinese, please. But stay the bleep home.
    True. But I don't think anyone here was arguing against getting high and driving. Just as I'm sure Noone here would argue against drinking and driving. Just whether or not it should keep you from owning a firearm.

    Driving a vehicle under the influence of any mind-altering substance is terrible. As is driving tired.

    Sent from my SM-G900V using Tapatalk
     
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