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9th Circuit Court, “No Guns for MMJ Cardholders”

Is it going to be one or the other?  The Ninth Circuit Court of Appeals says medical cannabis card holders can be denied gun purchases.  Here’s more:

The court ruled 3-0 on Wednesday that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment, the Associated Press reports. There are nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.

A lawsuit was filed in 2011 by Nevada resident S. Rowan Wilson after she tried to purchase a gun for self-defense and was denied based on a federal ban on the sale of guns to users of illegal drugs. Though marijuana has been legalized in some places on a state-by-state basis, it remains illegal under federal law. The court maintained that drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
. . .
Chaz Rainey, the attorney representing Wilson, said that he plans to appeal the decision. “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 told the AP. He argued that there should be more consistency in how the Second Amendment is applied.

There’s more detail at the original post HERE.

[image: washlaw.org]

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Author: DavidB

a heathen, but hopefully not an unenlightened one

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