Medical Marijuana Users Now Banned from Buying or Owning Firearms

If you have a medical marijuana card, the 9th U.S. Circuit Court of Appeals has ruled that you can’t buy a gun.

Springfield XD-40

Earlier this week the U.S. Circuit Court of Appeals ruled that medical marijuana card holders do not have a 2nd amendment right to buy or own a firearm. The ruling applies to the nine Western states that fall under the court’s jurisdiction, including California, Washington, Oregon, Arizona, Nevada, and Alaska.

How the Anti-Gun Ruling came about:

In 2011, The federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent out a letter to all federally licensed gun sellers that prohibited “any person who is an unlawful user of or addicted to any controlled substances from shipping, transporting, receiving, or possessing firearms or ammunition.” Because marijuana is still illegal on a federal level, the ATF claimed medical marijuana patients in legal states were not exempted from the rule.

Shortly after that letter went out, S. Rowan Wilson attempted to purchase a gun for self-defense in Nevada – a state where medical marijuana is legal. According to Wilson, the sale was denied on the basis that she possessed a medical marijuana card. Wilson filed a lawsuit challenging the regulation issued by the ATF, which maintains that gun sellers should assume that medical marijuana cardholders use the federally illegal substance.

Wilson said she doesn’t even use marijuana and only obtained the card as an expression of support for marijuana legalization. She argued that not only was her second amendment right being wrongfully taken from her but her 5th amendment right to due process was being ignored as well.

On Wednesday, in a 3-0 decision, the 9th Circuit agreed that Congress had 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’s ruling applied to nine Western states within the appeals court’s jurisdiction, including six that have legalized marijuana for medical or recreational purposes: California, Washington, Oregon, Arizona, Nevada, and Alaska.

“The panel held that plaintiff’s Second Amendment claims did not fall within the direct scope of United States v. Dugan, which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms,” said the court’s ruling summary.

“… Applying intermediate scrutiny, the panel nevertheless held that the fit between the challenged provisions and the Government’s substantial interest of violence prevention was reasonable, and therefore the district court did not err by dismissing the Second Amendment claim. The panel rejected plaintiff’s claims that the challenged laws and Open Letter (issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to federal firearms licensees, which prevented plaintiff from purchasing a firearm) violated the First Amendment.”

Chaz Rainey, the attorney representing Wilson, said there needs to be more consistency in the application of the Second Amendment.

Rainey plans to appeal the decision saying,  “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.” … “We are going to litigate this, exhaust whatever remedies we have,” Rainey said. “When this (ATF) letter was issued, it was issued as part of a deliberate attempt by the (U.S. Department of Justice) to quell a political movement.”

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78 Comments

  1. PJ
    September 2, 2016 at 12:18 pm

    Well now we know why the liberals want it to be legal everywhere, then they can turn around and use it as an excuse to ban you from owning a firearm.

    • CB
      September 3, 2016 at 7:17 am

      If it’s legal everywhere, and everywhere would include the federal level, then it wouldn’t be grounds to deny a firearm.

      • Red
        September 4, 2016 at 10:05 am

        –replied a liberal, extremely naively.

        • Iprotectedyourrightssostfu
          September 6, 2016 at 5:07 am

          HAHA… you mean a “Liberal” that just showed you how to protect your 2nd Amendment rights in the most simplistic manner? Red… You sir are a moron.

      • Nate Blair
        September 7, 2016 at 5:16 am

        Very good point….but at that point I see a war breaking out

      • Heidi Dunson
        September 9, 2016 at 6:29 am

        This explains why Federal so desperately wanted to keep Marijuana as a schedule 1 substance. It also explains why they are suddenly adding Kratom to the schedule 1 list. Along with denying anyone with a possible “mental illness” the right to bear arms, they are removing rights from those likely to question the government period.

    • Joe Slitherman
      September 8, 2016 at 1:07 am

      PJ and anyone dissing liberals.
      I am a liberal. Common sense liberal. I have very little in common with most of you republican men, but still support the right to bear arms. I am against the AR-15, and know many other men who agree that are gun owners. If you can’t protect yourself with any number of huge revolvers or semi automatics out there, then you really should be hiding in a bunker anyway. I grew up learning to fight on the street, using both feet and hands. I encourage all of you to learn and not for violent purposes, but to defend yourselves and your families. Simple.

      I find PJ’s comment not only offensive, but WRONG concerning liberal’s trying to ban guns. NOT TRUE! So stop your birther, distortions or live in paranoia all of your lives!

      • Sarah joseph
        September 8, 2016 at 2:40 pm

        This guy ^^^^ brings a fist to a gun fight your second amendment right is to protect you from your own government. I’d love to see you punch a tank…

        • Anyomous
          October 20, 2016 at 1:51 pm

          Don’t need to punch a tank I’m ex army just know where the fire suppression switch is and pull that

      • Don
        September 9, 2016 at 10:43 am

        So you say I can have a gun BUT you want to limit what kind… One thing good about being a American is I don’t care what you ” think” I have a god giving right to protect myself any way I see fit!

      • Lacy
        September 9, 2016 at 8:53 pm

        Maybe you should do a little book studying with your common sense liberal. AR- 15 does not stand for automatic rifle. In fact, AR actually stands for ArmaLite rifle, which is the company that first developed it in the 1950s. An AR-15 is a semi-automatic weapon just like a handgun.

      • Trevor
        September 10, 2016 at 4:44 am

        Correct me if I’m wrong, but isn’t the AR-15 a semi auto dressed in military style accessories?

      • Mike Hunt
        September 10, 2016 at 6:03 pm

        Lol AR15 will be needed to protect yourself from the government. As we see here the 9th circuit is a panel of idiots and 90% of their decisions are overturned by the Supreme Court.

      • T A
        February 25, 2017 at 11:49 pm

        So your against only ar-15s? You have no firearms knowlede at all. I can a wood stock rifle that fires larger caliber rounds just as fast as an ar-15.

        Just doesn’t look so scary to you snowflakes even though it is likely deadlier.

      • Noneya biz
        March 20, 2017 at 7:53 am

        How about when 5 men come into your room throw your wife into a corner tell you they are going to murder you in front of you and the kids, you think a semi automatic pistol is what you wanna whip out? Or a revolver? No, you would feel a lot safer with something able to put someone down in 1 shot. And this magazine that you have to have some special tool to take it out like what the hell? You are getting robbed shooting away at these guys coming for everything you own and you run out of bullets now that the fuck do you to? Walk around in your pj’s looking for something to hit him with? When most likely all of them have black market guns anyways because most criminals are not as stupid as the government portrays them to be, shit the black market gun could be automatic and they all could be spraying bullets at you. Could you imagine holding a damn revolver and trying to shoot 6 rounds and then reloading while people that all they had to do was go to their local ghetto and pick up a fully automatic weapon no tags plenty of ammo with an extended clip to come ruin your day are able to now control the situation you were put in and most likely end up with all the stuff they want in your house and a couple more tear drops. It’s sad to see America come to this. People TOO SCARED to protect their own asses, and the government fully supporting the people not willing to fight for their own country, the people that want to protect and start riots to end bullshit things that in this world right now don’t matter. And the government isn’t backing them up because they believe in the same thing they do, they are backing them up on disarming the public so then one day they can be those greasy ghetto guys that can barge into anywhere they want and no one can do anything about it. What will you do then? Start kicking and screaming HA. Bullshit.

    • Susan Randall
      September 9, 2016 at 4:44 pm

      Most liberals use medical marijuana….it’s mentally ill or extremists that use guns improperly.

      • Susan Randall
        September 9, 2016 at 4:48 pm

        People who are law abiding citizens of the U.S.A. should not have to worry about their gun rights being taken away. I have seen too many to count fights related to alcohol use than ever with the use of medical marijuana. Or marijuana for that fact.

  2. GOA
    September 2, 2016 at 12:36 pm

    I want to know where the NRA is on this. Why the heck are they not coming out against this ruling, they need to stop being a bunch of wimps and support the 2nd amendment NO MATTER WHAT!

    • Christian Thompson
      September 5, 2016 at 5:59 am

      do you support the NRA?If not then an you want to shit on us. then join

  3. NRP
    September 2, 2016 at 1:01 pm

    Question; will the ATF&E and the DOJ now claim if you live in a state where Marijuana is legal, and one does not need a “card” to purchase that Everyone that lives within that state cannot purchase or own a firearm because they have no idea who is “using”???
    Hummmmm

    • Kevin
      September 3, 2016 at 8:37 pm

      Outstanding question!!!!!

    • Joe
      September 4, 2016 at 7:46 am

      This was an outstanding questions.but with that question it now gives them more grounds to try and take our guns ,,never getting them but it still gives them an opportunity to try

    • PK
      November 9, 2016 at 4:03 pm

      You are so right about that. Why only medical card holders lose their rights? Start doing ID’s in recreational stores and put restrictions on them next? REALLY what next? Treat everyone equally with this right to bear arms.

  4. Richard Joyner
    September 2, 2016 at 1:59 pm

    The State does your background check when purchasing a firearm. That being said, I highly doubt they’re going to spend the time, money, and manpower checking to see who has a medical cannabis card. The ATF would have to change the 4473 to include this question, which it WON’T do, as marijuana is still ILLEGAL Federally. Basically, these States that have legalized it have told the Feds to fuck off BY legalizing it. So, unless they make a database of Medical Cannabis card holders, then they more than likely aren’t going to enforce this. Also, if they try, seeing as how marijuana is now legal in these States, they can just get rid of their card and use cannabis legally without it. This law is useless and a waste of taxpayer money.

    • Obummer
      September 2, 2016 at 3:16 pm

      Every State where medical Marijuana is legal already has a database of users, if you think that the feds can’t access that especially after the digitalization/standardization of medical records under Obamcare then you’re crazy!

    • Tutu
      September 3, 2016 at 4:03 pm

      There is a Database and this is in full effect in California wtbs Buy the gun get the Card

    • d
      September 8, 2016 at 6:21 pm

      Wrong the background checks are a Federal check not state

  5. scoutsout
    September 2, 2016 at 4:02 pm

    Im sorry but I find this story funny. How many medical marijuana users are actually going to go out and try to purchase a firearm? Hell most of the time they are too blitzed to even think about their next meal let alone owning a firearm. Besides how many of those dope heads do you want actually owning a firearm? Now I know that the individual that went to purchase a firearm was denied due to the fact of having the card and was not a user of marijuana but a simple supporter of the legalization. But don’t you think that brings up a very important question. How was a person that doesn’t need or use medical marijuana end up with the card? So maybe there needs to be a law added here somewhere.

    • Hmmm Gary
      September 2, 2016 at 4:35 pm

      You are clueless.

      • Curb
        September 2, 2016 at 5:09 pm

        Statists gonna state..

    • T
      September 3, 2016 at 7:40 am

      All I can say to you is….DUMBASS….Do you honestly think that all people are dopeheads. My neighbors 6 yr old daughter has had 50 plus seizures a day. Now with oral dosing she can walk, talk and has 2-5 seizures a day….DUMBASS!!!!

      • billy
        September 5, 2016 at 5:43 pm

        I don’t think he was refuring to that little girl.. Dumb ass

      • Heidi Dunson
        September 9, 2016 at 6:42 am

        Thank you! Chemotherapy and radiation kill cancer patients, morphine is known to increase tumor growth and those operating under its influence are typically stoned/out of commission. Cannabinoids can cure cancer (although mainstream Americans still run for the toxic treatment). Is there a law banning cancer patients using Pharmaceutical pain meds from buying guns? The key words here are “medical marijuana” aka a treatment for illness. Unless all people using prescription drugs are also banned, this is discriminatory and carries underlying intentions based on who is more or less likely to comply with the US government.

      • Buck
        September 10, 2016 at 6:41 am

        No shit same people calling people dope heads have a cabinet full of prescription pills and a cuboard full of cheetos killing em

    • Dj
      September 3, 2016 at 8:24 pm

      What planet did you fly in from dumbshitsville

    • Bogarter
      September 3, 2016 at 10:35 pm

      Scoutscout, I can assure you that pot users are ALWAYS thinking about their next meal…..

    • Luthormorte
      September 4, 2016 at 9:18 am

      You obviously are confusing burnout drug addicts with medical patients get your head out of your ass. Many if not all medical users I know or have met are responsible adults who hold jobs have responsibilities are well-kept and do not just sit around all day.

      • Toni
        September 6, 2016 at 7:12 pm

        Thank you! I guess you would prefer that we are doped up on the Xanax, Norcos and all this other chemically altered bs that the doctor prescribed. I work full time. I raise 4 intelligent children. I am 31 years old. I have scoliosis, peripheral neuropathy and graves disease! I don’t want to be deemed disable at 31. But I can’t function on those damned prescriptions. I tried. I was worthless. I have children to support so I do what works for me without clouding my mind and ability to focus. Despite what people think marijuana doesn’t make your mind distorted and if it does maybe it’s not for you.

        • Heidi Dunson
          September 9, 2016 at 6:59 am

          The stupid is thick on this issue Toni, congratulations on taking a natural approach to healing and function. There are people who use Pharmaceutical drugs , marijuana and anything else they can get their hands on to escape reality, get high etc. That is why highly toxic alcohol and tobacco are legal. While it is nobody’s business what anyone does to their own realities or bodies, there is deep ignorance regarding marijuana, and 80 plus years later the “refer madness” mentality our government wants to play up still exists. God provided plants/herbs for us to heal ourselves, greedy, hateful opportunists outlawed them and manufactured them to poison us and profit from them. This is pure evil yet most Americans are clueless and gullible on the issue.

    • DrG
      September 4, 2016 at 1:58 pm

      Actually many medical and recreational users purchase firearms and have conceal-carry permits. Most of these users aren’t what you picture as ‘Dope heads’. I’m a disabled vet and a doctor. Cannabis should have no affect on my ability to own a firearm. I fought and had brothers die so that you could have your right to judge people and speak freely, even when it is trash talk. The country is suppose to be about freedom as long as you don’t hurt others. That includes the freedom to not have to live by other’s judgmental rules. Our government needs to get out of people’s lives and mind it’s own business like fixing our roads and bridges, like punishing violent criminals, like crushing ISIS (protecting our homeland). Who are you to judge? We are all sinners in one way or another. Only God can judge and he’s watching you!

      • Michelle
        September 4, 2016 at 8:48 pm

        Exactly. My husband is a combat vet, 100% service connected medically retired. He tried cannabis for a couple of years to get off the Oxy and hard core shit they had him doped up on, killing his liver. Now we can’t grow it in our yard so we don’t have the card or mj around thanks to the Govt also. But leaving people who would be targeted for theft defenseless is just stupid. We never ran into an issue, we own several guns and reside in CA so I’m not sure people are actually checking this deep. I’m pretty sure in that timeframe my hubby was building an AR15.

    • bonnie lee
      September 5, 2016 at 6:52 pm

      wow, “too blitzed?” this isnt even true. Maine has legal medical marijuana and my husband has a card for medical marijuana and owns a gun

    • DG
      September 5, 2016 at 10:36 pm

      Well I think it is funny that people who drink can own, buy, and carry a gun but medical marijuana users can’t? Alcohol is a drug and there are more drunks that wrongfully shoot guns (killing others) than a marijuana user. Hell, they don’t even need a gun. They just get behind the wheel of a vehicle drunk and kill someone. Why is alcohol legal then…

      • Holly
        September 7, 2016 at 6:36 am

        That’s what I want to know also

      • Shawn
        September 7, 2016 at 9:15 am

        That’s the realists comment made on here

    • jon james henry
      September 6, 2016 at 2:40 pm

      Maybe you should stop being a little whiney bitch

    • Sergio
      September 8, 2016 at 8:51 pm

      Idiot!

    • PK
      November 9, 2016 at 4:34 pm

      scoutsout ^^^^^ Really, so not true about pothead and too stoned to as you seem to think can’t function. Maybe some use it for pain instead of being doped up on pain pills. And not on a daily basis either……why after myself and family were recently victims of a home invasion and 4 people shot. Oh one was my young son. Others thank God for roomate was able to get the 3 suspects after me also being held down with a gun to my head and roomate being shot at numerous times…. so tell me even though all 3 suspects were shot and awaiting trial. Why should I not be allowed to protect myself and loved ones? And there are 3 others out there someplace that got away. Should I stand around with a butter knife vs their 38 and 45 Cal hand guns. Let my medical card go and still being denied the 2nd amendment right.

  6. Sam
    September 2, 2016 at 5:06 pm

    The only job the federal government has is to maintain security via a well maintained military, and protect my god given rights from infringement. They do not have the authority to outlaw anything, states’ rights supersede federal “laws”

  7. cy70x7
    September 2, 2016 at 5:48 pm

    Scoutsout you really are clueless. My wife has a medical marijuana card for PTSD and she is not “too blitzed to even think about their next meal let alone owning a firearm”. What an ignorant statement! She is quite capable of making decisions of any kind. The marijuana helps to keep her mind on track and without it her anxiety is out of control and the meds the doctors want to prescribe to her turn her into a zombie (her words) and makes it difficult to function. The marijuana is blessing and helps her to deal with her condition far better than using prescribed medication. If you’re an alcoholic you can still purchase a firearm but not if you own a medical marijuana card? Ridiculous! There are ads from the NRA and other agencies that advise against the use of alcohol and firearms. Alcohol is far more dangerous than marijuana and I would never be around anyone that has been drinking and then wishes to take their guns out for some target practice! This is just another attempt by the gun grabbers to do away with our 2nd amendment right. Richard Joyner is absolutely right in his statement.

  8. Jessica
    September 2, 2016 at 6:23 pm

    They are not angry and feel great, they don’t feel the need to have one!

  9. kelly
    September 2, 2016 at 6:57 pm

    Been in the works for awhile. United NATO take over soon, lmfao!!!!!

  10. moman
    September 3, 2016 at 6:20 am

    lets see what happens in the 10nth circuit court.

    the court also neglected to mention the fact that medical use is NOT illegal, it was exempted. so medical use not illegal on a federal level, recreational use, is.

  11. Makesnosense
    September 3, 2016 at 7:45 am

    Makes no sense, Oh and I guess that alcohol and firearms get along just great, anyone can access that at the nearest corner store.

  12. Scoutsout
    September 3, 2016 at 7:54 am

    I love all the pro marijuana peoplele out there. But to say marijuana is not as bad as alcohol is just ridiculous. You’re going to tell me that the altered mind of a marijuana user is better than the altered mind of a drinker? That is the dumbest thing I have ever headed. Should one drink and use a firearm? No. Should one use marijuana and use a firearm? Again no. So your point of one not being as bad as the other is useless. Many people die and do stupid things under the influence of marijuana just like alcohol. I understand that marijuana can be of medicinal use but most of the people that have a medical marijuana card are not people that need it for medical reasons.

    • A. Publius
      September 3, 2016 at 11:57 am

      Again, scoutsout, you make claims that are not supported by any factual evidence to back it up. How do you know that “…most of the people that have a medical marijuana card are not people that need it for medical reasons.”? It always amazes me that ppl are willing to surrender their autonomy just because some restriction happens to fall in line with some prejudice they hsve. Our individual rights and freedoms are under assault and are being eroded at a rate unlike anything we have seen in our history as a nation. And it’s being done by marginalizing segments of our society as being somehow less deserving of the protections afforded us by the Constitution than “the rest of us”. It may already be too late, but if we have even an ounce of pride and dignity left in us, it’s time to make a stand, and stand up for our rights. Either that or just continue to do what we’ve been doing: nothing! Well. Except for sitting on our hands, or being stupid fucking idiots like you, scoutsout, and actually encouraging the stripping away of our freedoms by making irresponsible posts like that. What are you going to do when they take away a right that you think you need? But you’ve been left helpless, hopeless, and powerless because now they’ve found a way to marginalize you, and because you were such an avid cheerleader earlier on for denying the exercise of rights by others, now you have no recourse? Hmmmm? I doubt that what I have to say will change your mind about anything, I sense that you are too smug and closed-minded for that. There seems to be an epidemic of that sort of thing going on around here. But I hope that anyone reading this might actually use their brain and think about this for a bit and realize there’s a lot out there past the end of their own nose, not everybody thinks the same way or values things the same way, and that they have every right to their opinion, just as you do. But at least do us the favor of learning how to present an argument correctly. Express your opinion as you see fit, be my guest! However, be clear to your audience as to the nature of any statements you make. In shirt, don’t present opinions as facts, the gulf between those two concepts is far too great far too often

      • Kevin
        September 3, 2016 at 12:50 pm

        Scoutsout, must have just got out of boy/girl scouts and probably repeating what his/her parents told them…
        Clearly doesn’t have a clue!

        • Oliver Harley
          September 3, 2016 at 5:21 pm

          I have many friends including cops that have medical marijuana cards, none of them need it for medical reasons, they by and large think that the whole MM card thing is a joke…which it really is…anyone can get the card….do you really think the thousands of marijuana stores could survive if it was just for the medically needy….hell no! Why do these stores sell dozens of different grades of herb ( for whatever mood you crave) it’s a big scam…personally I’m not for or against it, but please….stop with the medical excuse….

          • moman
            September 10, 2016 at 9:21 am

            SO is your cops friends with them banned from buying, or carrying a gun while on duty? or off?

    • Brent Freeland
      September 4, 2016 at 11:18 am

      “… the dumbest thing I have ever headed”, really? Alcohol and weed are 2 different ends of the spectrum. It’s obvious that you have never tried weed. Give it a try then come back and state an opinion. You’ll be glad you did.

  13. j bone
    September 3, 2016 at 11:10 am

    This will get revised because if they are taking the rights away for a lil pot what about opiates/ depression medicine amd the list goes on they will have to take everyones not just the ones who choose npt to support big pharma and going with natural meds

  14. Bob (personally knows God)
    September 3, 2016 at 12:47 pm

    Every human being has a “God given” right to self defense however He or She deems appropriate. Irregardless of ANY law to the contrary. Bob quoting God.

    • B from CA
      September 3, 2016 at 2:30 pm

      Bob:

      God doesn’t make mistakes. I really dislike people who correct others grammatical errors, so please excuse me. I know it is a bit rude and forward, but this is such a common error, and my intent is not to denigrate, but to inform.

      “Irregardless” is not a word. The correct way to say this is to say “regardless”. Here is why. Each part of this word has meaning. “Regard” is the word to which you add a suffix. That suffix is “less” meaning “without”. Therefore the word “regard” is transformed into its opposite, that is “regardless” or “regard without” or without regard. Since “less” means “without”, there is no reason to say it again. The prefix “ir” also means without. When you add the prefix “ir” now you negate the suffix “less” and if it were a word, which it is not “irregardless” would mean “regard”, the opposite of regardless. By putting the word together the way you did, it says “without regard without”. When what you are trying to say is “without regard”; but, it is confusing because there is a dyslexic transposition of the words when you translate. I Hope you are not more confused now than before. If you are, I apologize. I’m Just attempting to explain why so many people mess up this word.

      Peace.

      • B from CA
        September 3, 2016 at 7:22 pm

        “Ir” means “not”

        So “not regardless”. Sorry about that.

  15. Captplaid
    September 3, 2016 at 3:05 pm

    Prozac and Xanax are next.

  16. Scoutsout
    September 3, 2016 at 6:14 pm

    So many of you don’t like the comments that I have made and that’s your right to disagree, but the simple fact is MARIJUANA is an ILLEGAL DRUG as per the Federal Government and many states. Now if a person drinks a 12 pack of beer everyday y’all would call them analcoholic, so therefore a person that smokes pot is a pothead. Now as I stated before many of you do not want to be around someone that has been drinking while handling a firearm so why would you want to be around someone smoking marijuana while handling a firearm? What gives people the right to pick and choose the law which best suits them? One of you claim that pot is helping their wife with PTSD. Well of course it is because its a mind altering drug. Why not just drink a LEGAL glass of whiskey or drink a LEGAL beer? Why smoke an ILLEGAL DRUG to help? Both are mind altering. I guess its OK with most of you that by just having a medical marijuana card its safe to drive under the influence. So all your medical marijuana talk is asinine.

    • A. Publius
      September 3, 2016 at 7:28 pm

      Alcohol used to be constitutionally proscribed. Marijuana used to be legal, it was prohibited in part as a racially motivated attempt to limit the immigration of Mexicans to the United states.
      The medical benefits of marijuana, while mostly anecdotal due to the extreme difficulty the feds have placed on securing permissions and supplies of it, have yet to be explored in any large scale study.
      You make comparisons again and again between alcohol and pot, but you are missing the point being made that there isn’t that much of a difference between them, other than the ludicrous inclusion of marijuana as a schedule 1 substance.
      I checked, and not a single person responding in this thread has advocated that someone high on pot should be able to purchase a firearm. Same with alcohol. And yet, the rules are not being applied equally. This article doesn’t say you are prohibited from buying a weapon if you are high. What it does say is you can’t buy a weapon if you carry a particular piece of plastic in your back pocket. This is called a double standard. Even the federal govt is contradicting itself on this issue. The depth of treasury and justice (which includes the atf and dea) have stated that they would no longer seek indictments against ppl for simple posessession of pot.who gives them the right to decide which laws they should enforce and which they shouldnt? Enforce all of them, or none. If it’s a bad law, repeal it

    • chantelle
      September 5, 2016 at 12:29 pm

      Scoutsout,
      The medical properties in medical marijuana are hardly mind-altering. Have you ever even smoked medical cannabis? Happy, hungry, sleepy. That’s its side effects. Its not like LSD where its chemicals alter the brain into hallucinations. I think you need to get your facts straight. All the while , many of the patients who use medical cannabis, have the choice to eat it , vape, use tinctures, or even lotions in order to allow its properties to help their ailments. I think the point most people are trying to make is that one) you need to do your homework before you spew your crap about medical cannabis or its patients because it is obvious that you have no clue and are basing your opinion on bias information which is untrue. Second) the other people here are speaking to our rights as American citizens to bear arms regardless of any medication one might be on. If we allow the government to pass a law to the proportion then next we are to allow them to pass laws that stop anyone who is on any type of meds to purchase a firearm or anyone who has anxiety or anyone who has a history of adhd. after this is will begin to spiral out of control and all of a sudden all rights to bear arms are gone because we chose to start separating people based on reasons which violate our rights. The point is not whether or not a medical cannabis patient should be able to buy and carry, the argument is that the government is now overstepping there bounds and taking away our second amendment rights based solely on factors that do not pertain to right in the first place.

    • William Postell II
      September 10, 2016 at 12:29 pm

      The point is, people that are RAGIMG ALCOHOLICS,and gets fried daily on pharmaceutical drugs can still purchase a gun, but someone that is being treated for a disease or condition, with A NATURAL SUBSTANCE such as marijuana can’t but one for their protections. There is no better description of asinine then that. Only a complete idiot or government minion would BELIEVE that this is for the good of the general population. This does not benefit anyTHING but the government, and those that are afraid of the general public regaining and or having their “God Given Right” to defend themselves. But with all of the things that discust me about the hundreds of millions of minions in America that blindly adhere to the oppressive tendencies of THEIR government, THE SECOND AMENDMENT RIGHTS of those us us that KNOW why it was INCLUDED in the Constitution, will be what saves this Corporation/Country. And the heightened sense of awareness that one CAN have while treating their condition with Medical Marijuana is what the OPPRESSIVE Government fears the most. The last thing that theybwant is MORE AWARE. That’s why there are many stupid enough to believe that someone that uses Marijuana is somehow more dangerous then someone that uses alcohol, or any pharmaceutical DRUG. THE DUMBING DOWN OF THE AMERICAN MINION IS IN FULL EFFECT.

  17. scoutsout
    September 3, 2016 at 6:49 pm

    And just to prove my point even further on the use of marijuana here are some MEDICAL LONG TERM EFFECT FACTS……Marijuana over activates parts of the brain that contain the highest number of these receptors. This causes the “high” that users feel. Other effects include:
    *altered senses (for example, seeing brighter colors)
    *altered sense of time
    *changes in mood
    *impaired body movement
    *difficulty with thinking and problem-solving
    *impaired memory
    *lower IQ (by 8 points) of long term users
    Mental effects of long term marijuana use has been linked to mental illness in some users, such as:
    *temporary hallucinations—sensations and images that seem real though they are not
    *temporary paranoia—extreme and unreasonable distrust of others
    *worsening symptoms in patients with schizophrenia (a severe mental *disorder with symptoms such as hallucinations, paranoia, and disorganized thinking)
    Marijuana use has also been linked to other mental health problems, such as depression, anxiety, and suicidal thoughts among users. And you idiots think a pothead needs a firearm?
    Here is something else for you to think about. A felon does not have the right to purchase a firearm and most of you would agree that the felon doesn’t need a firearm. But if that felon has paid their debt to society why does the felon not get their “God given rights” back? Why do they not get to vote? They paid their dues for the crime they committed. So your theories of marijuana users and being able to own a firearm are all shot down smoldering in a field of cow shit. Use your heads and quit following the main stream of stupidity over the so called medical marijuana revolution.

    • OFFGRID Logo
      Off Grid Survival
      September 3, 2016 at 7:31 pm

      For the record, the reason I posted the article has nothing to do with being for or against Marijuana. Anyone who is under the influence of any mind-altering drug, alcohol or substance should not be operating a firearm, that’s just a plain and simple safety concern and one of the number one rules for handling a firearm safely. I’ve already talked about the fact that people should not be mixing drugs, alcohol, and guns in other articles. This story is not about operating a firearm, it was about sales and ownership.

      The real issue here is the Unconstitutional nature of this regulation and the court’s decision to ignore the Constitution, my interest in the story has nothing to do with the effects of the drug but instead was solely focused on constitutional abuse. By supporting what happened here, then you could also say that anyone who has ever bought a bottle of alcohol should not own a firearm because they may be an alcoholic — but then you would have to take that further and apply the same logic to them being able to drive, operate heavy machinery, etc.; if not, then your argument is nothing but an anti-gun argument and has nothing to do with actual safety. It starts to become a slippery slope when you ignore the constitution.

      Not only is the ATF and now the 9th circuit court violating the 2nd amendment (specifically the “shall not be infringed” section ) but they are also both violating the due process clause of the 5th amendment. While you can say that someone having a medical marijuana card is evidence that they are using the drug, it is not proof. If there was no trial, then you cannot find a person guilty and take away a constitutional right without violating the 5th amendment. The simple act of them applying for the card is not the same as them being a convicted drug user. We do have a presumption of innocence and a 5th amendment right to due process and a trial.

      • A. Publius
        September 3, 2016 at 7:39 pm

        Off grid survival, very well put! I agree with you that this is a constitutional issue, and in a larger context, it is the right of self determination at issue. This decision by the circuit Court is wrong and should be appealed and overturned. It is a direct and blatant attack on some of the most important protections we have as citizens of this country.

      • Italianmom
        September 4, 2016 at 10:53 am

        I agree with you 103% !!!! I am someone who has and suffers from chronic pain my doctor prescribed me pain narcotics which I took everyday all day for 3 years straight I opted to get a medical marijuana card because I can eat a piece of a candy or a bite of a cookie mainly with CBDs not THC you don’t have to get high to be a medical marijuana user some of us to actually use it for what it’s for now you’re telling me that the federal government is okay with me having 300 Oxycontin a month in my system I can still buy and possess a gun but if I have my medical card where I’m not really Under the Influence or stoned to where I can’t function then I can’t purchase or own a firearm to protect my family just the government’s way of do you want to protect your family or have use and access to your medicine. It’s clearly a violation of my constitutional rights. Not right to be forced to choose but that’s the position our government is putting us in.

    • Bryan Taylor
      February 5, 2017 at 5:52 am

      Unless your crime was violent ,chronically occurring, or otherwise exceptionally heinous. Ie rape, murder,child molestation, armed robbery ect.you can become eligible to have your record expunged and your 2nd amendment rights restored in as little as 5yrs. All that needs to be done is keep yournose clean and file the correct forms afterthat period of time has past. Washington state requirements are exactly that…5yrs with no legal violations and papers filed with the courts. An attorney’s services are recommended. We have a flat rate of 250 to expunge the felony and 1000 to restore your rights. They are very careful to make sure you know you’ve lost your rights long before you are convicted but somehow never get around to telling you that you can regain those same rights! It’s the law! They have to obey it, just like we do. Curious methodology in my opinion. Long and short, we became the greatest nation on the planet by taking up arms to overthrow a tyrannical monarchy that had no qualms about abuse of their ” colonists” taxing the profitability out of any and every effort to better the lives of their families! Sound familiar? 300yrs ago whiskey was the weed of the day and the profits from it helped fund the birth of our great nation. Our militia fore fathers most likely drank a bit to work up the balls to fight the British as well. Its just the same shitty cycle humanity seems always follow. I dont understand why affluence and power make men monsters! Probably because am a poweless, poorly paid and over taxed individual. I will stand, however, where most of my fellow citizens seem comfortable kneeling ! I cannot defend myself against our government without the tools necessary to the task or the participation of other citizen soldiers. I would like to live out my simple life peacefully however, with my whisky my weed and my weapons.

  18. Scoutsout
    September 4, 2016 at 5:45 am

    @offgridsurvival
    Then by your thoughts of an “unconstitutional nature of this regulation and the courts decisioin to ignore the Constitution” all convicted felons should have their 2nd Amendment rights reinstated after they serve their sentence. Correct?

  19. Scoutsout
    September 4, 2016 at 6:07 am

    Here is more info for all to understand. The form 4473 has a simple question on line 11e. It clearly asks “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”. Now if you have a medical marijuana card stating that you use marijuana then you are an unlawful user of the substance, which is ILLEGAL UNDER FEDERAL LAW. How simple is that?

    • moman
      September 10, 2016 at 9:31 am

      Scoutsout, Seriously!? STOP, your argument is “they use pot, they shouldn’t have one.

      okay, say they did use pot, SO WHAT!? they effects do not last their entire lives, same as alcohol, the effects DO NOT LAST, they recede over time as the body processes the chemical, IE the person smoking will not be high ALL THE TIME. so when not high, you are saying they shouldn’t be able to use their right? well by that logic an alcoholic shouldn’t be able to exhibit his right either just cause he’s not drunk at the time he does so.

      your seriously off base dude.

  20. Don Lanpher
    September 4, 2016 at 12:06 pm

    Well, the beloved monolith of a Federal Government has gone and got it’s teat in a ringer again…………surprise, surprise……..

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