Freedom in America is oftentimes at a crossroads. The Second Amendment guarantees the individual right to keep and bear arms. Furthermore, today, many states decriminalize marijuana for medical purposes. However these two freedoms have collided recently.
James England wrote a report at Concealed Nation about a new ruling from the Ninth Circuit Court of Appeals concerning medical marijuana and firearms rights. Please read his insightful original article: Federal Court Rules Medical Marijuana Patients Have No Second Amendment Rights.
Despite legalization by the states, the federal government still classifies marijuana as a Schedule I illegal drug. The feds are slow to act directly against medical marijuana users in states like California and Colorado. However, they will act indirectly against Second Amendment rights in those states.
The ATF has ruled administratively that possession of a medical marijuana card disqualifies a person from owning and possessing a firearm. In addition the 9th Circuit agreed with the agency.
WILSON V. LYNCH (2016)
The Court Summarized (in part):
The panel held that plaintiffs Second Amendment claims did not fall within the direct scope of United States v. Dugan, 657 F.3d 998 (9th Cir. 2011), which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms. Taking plaintiffs allegations in her first amended complaint as true that she chose not to use medical marijuana the panel concluded that plaintiff was not actually an unlawful drug user.
The panel held that 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to federal firearms licensees, which prevented plaintiff from purchasing a firearm, directly burdened plaintiffs core Second Amendment right to possess a firearm. Applying intermediate scrutiny, the panel nevertheless held that the fit between the challenged provisions and the Governments substantial interest of violence prevention was reasonable, and therefore the district court did not err by dismissing the Second Amendment claim.
The panel rejected plaintiffs claims that the challenged laws and Open Letter violated the First Amendment. The panel held that any burden the Governments anti-marijuana and anti-gun-violence efforts placed on plaintiffs expressive conduct was incidental, and that the Open Letter survived intermediate scrutiny.
The panel held that the challenged laws and Open Letter neither violated plaintiffs procedural due process rights protected by the Due Process Clause of the Fifth Amendment nor violated the Equal Protection Clause as incorporated into the Fifth Amendment. Plaintiff did not have a constitutionally protected liberty interest in simultaneously holding a registry card and purchasing a firearm, nor was she a part of suspect or quasi-suspect class.
Wilson v. Lynch, 14-15700, Slip Op. at 3-4 (9th Cir., Aug. 31, 2016)(emphasis mine).
WHAT THAT MEANS TO YOU
In plain English that means one (within the Ninth Circuit) cannot use medical marijuana and own a gun. And England correctly notes that the only court that can reverse this judgment is the Supreme Court. Sadly it is doubtful if that body would overturn the ruling. Although it is worth noting that the Ninth is the most overturned Circuit in the country.
Interestingly, other Circuit Courts are not bound by this decision. Consequently the AFT will try to persuade them to join their Western colleagues though. Of course, Congress could moot this issue by decriminalizing marijuana nationally. However, as usual, Congress is busy lying, stealing, and keeping their power and jobs entact.
In conclusion the laymans solution is simple. If you want to keep your guns, DO NOT get a medical marijuana card. As England says, Its a trap. And if you must use the green leaves to alleviate certain ailments, understand the catch-22. Minding your own business and treating your illness as you see fit does not concern the ATF. They see it as a chance to strip you of your Constitutional rights.
News Moderator: Katelyn Baker
Full Article: The Shocking Truth About Medical Marijuana And Your Second Amendment Rights
Author: Perrin Lovett
Photo Credit: Liberty Doll
Website: Freedom Prepper