The battle between the federal government and the states on marijuana legalization has been ongoing for years, but now it’s being fought in an arena that most people have never considered. Now the feds are trying to restrict gun ownership for legal users of marijuana.
Five years ago a woman named S. Rowan Wilson tried to buy a firearm in Nevada after she received a medical marijuana card. The purchase was turned down by the gun store, because marijuana is still illegal at the federal level, and there are federal laws that prevent illegal drug users from buying firearms. That led to a lengthy court battle which concluded this week.
The 9th circuit court decided 3-0, that banning the sale of firearms to a medical marijuana card holder, does not violate the Second Amendment. The court determined that since marijuana is still illegal at the federal level, and since it can be assumed that anyone possessing a medical card is probably using the drug, they can be prevented from buying a gun.
Senior District Judge Jed Rakoff of the 9th circuit court, explained his ruling by saying that marijuana “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.” So far there’s no word on whether or not the court will prevent gun sales for consumers of alcohol, or any other legalized drug that causes unpredictable behavior.
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Joshua Krause is a reporter, writer and researcher at The Daily Sheeple. He was born and raised in the Bay Area and is a freelance writer and author. You can follow Joshua’s reports at Facebook or on his personal Twitter. Joshua’s website is Strange Danger.
Where’s the proof? I thought courts were bound to the parameters of the law…and facts in evidence.
They were when they were operating under the people’s Constitutions. The courts and every other division of “government” have been morphed into separate service corporations no longer under the people’s control…which explains all the injustice and pillaging we are seeing in our de-facto government .
If you thought that, you really are a west coast liberal. The courts exist to keep you in place while you’re being raped.
Go out, drink a bunch of booze, get skunk drunk, and them you are just fine to handle an AR-15
Um the individual states regulate gun laws. If your state says you are legal to have MJ then they have no more reason to prevent a gun sale or possession than if you have an OXY prescription.
The fed govt is constantly overstepping their bounds & the push back must be diligent. They are also denying 2nd amendment rights to soldiers that have been given antidepressants by accessing the VA medical records. This violates HIPPA.
Lastly the no gun sales to those on the terrorist watch list; the media is careful to never mention that ANYONE at ANYTIME for NO reason can be put on that list with no recourse to correct it. There were babies, senators & TSA officials on that list. This will be used as a weapon to strip Americans of their ability to protect themselves. WAKE UP!
Shall not be infringed.
This says that the federal government has no power over the ownership and or carrying of a firearm. { the 2nd amendment to the U S constitution}
There are pharmaceutical drugs that are far worse than cannabis -aka- Marijuana in causing an individual to go manic and kill. They are freely pushed on many people who then go out and kill themselves or others.
There is no actual correlation between cannabis use and violence that exists.
Alcohol has a track record of violence, perhaps this should be considered.
Couldn’t you just not show them the card? If it shows up on a check that IS a violation of HIPAA. NO ONE has the right to see your medical records unless you authorize it. Also I thought gun laws are handled by the state like in Ohio we are allowed to open carry.