Pubdate: Thu, 01 Sep 2016
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2016 Associated Press
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Sudhin Thanawala, Associated Press

US COURT UPHOLDS BAN ON GUN SALES TO MARIJUANA CARD HOLDERS

SAN FRANCISCO (AP) - A federal government 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, and the federal Bureau 
of Alcohol, Tobacco, Firearms and Explosives has told gun sellers 
they can assume a person with a medical marijuana card uses the drug.

The 9th Circuit in its 3-0 decision said 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."

The court also concluded that it's reasonable for federal regulators 
to assume a medical marijuana card holder was more likely to use the drug.

Wilson's attorney, Chaz Rainey, said there needs to be more 
consistency in the application of the Second Amendment. He planned to appeal.

"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.
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MAP posted-by: Jay Bergstrom