Gun/Marijuana Follies

The Ninth Circuit ruled earlier in the week that having a state issued medical marijuana card was enough to ban the sale of a firearm: medical-marijuana-card-prevent-buying-gun.  Here is the fact situation.  Unclear is who she sued and how the medical marijuana card became an issue.

 A federal 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.Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.

From where I sit in the cheap seats the outcome was never an issue. Here is the form that every gun buyer must fill out when purchasing from a licensed dealer. The dealer will keep this form and make it available to ATF for inspection.   4473-part-1-firearms-transaction-record-over-counter-atf-formThe gun dealer has no leeway in reading the form. Any affirmative answer under 11 probably shuts down a gun transaction without further guidance from ATF.

Here is a handy dandy quick reference provided by the United States Attorney, District of Utah, 922 g guncard.pdf.  It is not worth it for a gun dealer to run the risk of prison for a person of questionable reputation. If an individual has a blot on their record, then it seems reasonable that they go through the hassle and expense of correcting the record.  Yeah I know, they have rights.  I have rights also, not to be burdened with assholes who can’t keep their shit straight.