A federal appeals court says it’s legal and constitutional for those with medical marijuana cards to have their Second Amendment rights suspended.
According to this story from nbcnews.com, the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco, a notoriously anti-gun bench, 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 having obtained a medical marijuana card. The gun shop refused the sale, citing a federal rule banning the sale of firearms to illegal drug users.
Despite the fact that many states have legalized medical marijuana, for which doctors write patients prescriptions, the plant remains illegal under federal law, and the ATF has told gun sellers “they can assume that a person with a medical marijuana card uses the drug,” the story says.
From the story: “The 9th Circuit said in its 3-0 decision that 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.'”
Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said in the story that 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,” Armentano said in the story.
The court’s ruling only applies in the nine Western states that fall under its jurisdiction. California, Nevada, and Arizona along with New Mexico, Montana, Michigan, Minnesota, Illinois, Louisiana, Hawaii, Pennsylvania, Maryland, Delaware, New Jersey, New York and all of New England have legalized medical marijuana—while Oregon, Washington, Colorado, and Alaska have legalized the drug for both medical and recreational use.