If Anyone Has a Medical Marijuana Card

[308Mike]

Typical 9th Circuit Court (the most overturned circuit court in the nation) crap:

9th Court Upholds Ban on Gun Sales to Medical Marijuana Card Holders

Posted 5 days ago in Guns & Gear, News, Pistols, Press Releases, Rifles by Tom R with 184 Comments
Tags: 9th District Court, gun ban, medical marijuana

Yes, this post is skirting that fine line of “Firearms Not Politics”, but it is certainly newsworthy, if not actually a surprise to anyone. So, lets try and keep this to the informational side of the topic, whatever your feeling on the topic–it is “gun news”.

The first I had heard of this topic was when I went to do the paperwork after the mid-July NFA change to Trusts. The new form to fill out actually has a question on it regarding marijuana use (and even explains the rationale; namely that it is still Federally illegal).

The crux of the matter here is that S. Rowan Wilson, a woman from Nevada attempted to buy a firearm in 2011. The problem is that she was a current holder of a medical marijuana card. And as a result, she was declined the purchase by the gun store because of the federal rule regarding the sale of firearms to illegal drug users; marijuana is illegal under federal law. Apparently 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, and (according to the Associated Press article) 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.”

S. Rowan Wilson filed a lawsuit against infringement of her Second Amendment rights, and as of today, the 9th District Court (which presides over Alaska, Arizona, California, Hawaii, Montana, Nevada, Oregon and Washington) ruled that the ban does not violate the Second Amendment.

So, the take away here, attempting to stay away from the politics of it, is that you, as a gun owner/user/purchaser in the United States needs to be aware of the local and national laws that govern your purchases and participation with firearms.

Some References:

http://www.foxnews.com/us/2016/08/31/ap ... lders.html

http://www.sfgate.com/nation/article/Co ... 196134.php

http://abcnews.go.com/US/wireStory/us-c ... d-41778814

[Netpackrat]

No shit, Sherlock....

[308Mike]

Just because you have Medical Marijuana card/prescription does NOT mean you partake of the substance. I've had a valid card for a few years and I hate the stuff. I don't smoke it (I had asthma as a kid and since then I cannot tolerate smoke of any kind entering my lungs before I start coughing), but I have family members and a couple of friends with cancer who also need it. Getting the card is actually much easier and more convenient, creates less hassle if questioned (I could always say it was for myself). Using a Care-Giver card creates more issues than solves, and it's just easier to deal with it as if it were my own.

SO, although I've had a card for myself for several years, I'm NOT the one using the crap. I'm a caregiver for several other folks who are using it medically. They can test me all they want, I'm NOT going to come up dirty.

It's due to the poorly written language of the law that makes it much easier for me to qualify for my own card than having to deal with the crap of having a care-giver's card.

SO, please tell me again WHY *I* SHOULD BE BLOCKED FROM BUYING A FIREARM simply because I have a card allowing me to possess marijuana legally (even though I don't use the shiite myself - I'd rather drink!!)???

Just because you might have a commercial driver's license doesn't mean you're always driving commercially. Just because you have a CCW doesn't mean you're ALWAYS armed, RIGHT?? How is the marijuana card any different??? Having the card by itself doesn't mean shit - it just means you CAN have it legally, regardless (or when you need to use it - it DOES NOT mean you are a habitual user, or even a user AT ALL - it just means you have the state-level legal authority to possess and consume it, even if you NEVER partake yourself).

[Netpackrat]

My point was no matter what sort of state card you may have, it's still illegal under federal law. Even if you never use it, mere possession is still a federal crime, and one that I believe can cost you your firearms rights. Personally I don't think it should be illegal at all (even though like you, I despise drugs and druggies), but it's perfectly consistent and predictable that the federal court would rule this way.

[Jered]

Wickard v. Filburn...the gift that keeps on giving.

[Weetabix]

Just because you have a CCW doesn't mean you're ALWAYS armed, RIGHT??

Not for you, maybe.

Well... I don't fly with it, so a few times a year, I'm not.