Pubdate: Thu, 01 Sep 2016
Source: Boston Globe (MA)
Copyright: 2016 Associated Press
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
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 US 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 
tried to buy a firearm in 2011 after obtaining a medical marijuana card.

The gun store refused, citing the federal rule on the sale of 
firearms to illegal drug users.

Marijuana remains illegal under federal law, and 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.

The 9th Circuit in its 3-0 decision agreed that it's reasonable for 
federal regulators to assume a medical marijuana card holder is more 
likely to use the drug.

In addition, a ban on the sale of guns to marijuana and other drug 
users is reasonable because the use of such drugs "raises the risk of 
irrational or unpredictable behavior with which gun use should not be 
associated," Senior District Judge Jed Rakoff said.

The 9th Circuit also rejected other constitutional challenges to the 
ban that were raised by Wilson.

An e-mail to Wilson's attorney was not returned.
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