Summary: The U.S. Court of Appeals for the Ninth Circuit has ruled against the federal Gun Ban that prevents registered medical marijuana patients from purchasing firearms. The court found that the ban violates their Second Amendment rights.
Federal Gun Ban for Cannabis Consumers Unconstitutional
The longstanding federal Gun Ban that barred registered medical marijuana patients from purchasing firearms has been struck down by the U.S. Court of Appeals for the Ninth Circuit. The court ruled that this prohibition is unconstitutional as it infringes upon the Second Amendment rights of these patients.
Historically, federal law has prohibited gun sales to those “who are unlawful users of or addicted to any controlled substance.” Given that marijuana remains classified as a Schedule I controlled substance at the federal level, this has meant that even state-legal medical marijuana patients have been denied their right to purchase firearms.
The recent ruling came in response to a legal challenge brought forth by a Nevada resident, who was denied the purchase of a firearm due to her status as a state-qualified medical cannabis patient. The court, in its decision, emphasized that the federal government failed to provide evidence that medical marijuana patients pose a heightened risk of violence.
This landmark decision is seen as a significant victory for medical marijuana patients, as it acknowledges their constitutional rights and challenges the outdated federal policies that have created disparities between state and federal laws.
While the ruling is a step forward in aligning federal and state policies regarding marijuana use and gun ownership, it’s essential to note that the decision is specific to the Ninth Circuit’s jurisdiction. However, it sets a precedent that could influence similar cases in other jurisdictions.
Source: NORML
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