Marijuana and concealed carry

Federal Court Rules Medical Marijuana Patients Have No Second Amendment Rights


The 9th Federal Circuit Court has upheld the ATF’s interpretation on possession of a medical marijuana card as “intermediate proof” that you have no right to possess, transfer or purchase firearms and ammunition.

It’s just the latest ruling out of the 9th Federal Circuit Court that seeks to break down the very fabric of Second Amendment rights in the United States.

The Bureau of Alcohol, Tobacco, and Firearms, in conjunction with the Drug Enforcement Agency’s scheduling of marijuana as a Schedule I drug, further seeks to stop ordinary people from exercising their Second Amendment rights.

And guess what? The only court that can override a Federal Circuit Court is the Supreme Court… And none of the Justices appear willing to rule against the 9th in this matter.

Because the ATF form 4473 requires a person to answer truthfully on this matter and a Federal Firearms Licensee can be punished by up to 10 years in federal prison if he knowingly sells to someone with a medical marijuana card.

Medical marijuana card holders are inevitably throwing away their right to get a concealed carry permit or buy a firearm.

Reason did a fantastic article illustrating out how the court’s ruling has invariably changed the field on who can own, purchase, or transfer a firearm. Their case in point is the federal case of Wilson v. Lynch. In 2011, a medical marijuana card holder attempted to purchase a firearm from a gun shop. The gun shop owner knew Wilson had a medical marijuana card and thus reasonably inferred that she had access to marijuana and denied her application to purchase a firearm. She sued.

The courts upheld that the gun owner followed all applicable federal law and was within his right to deny the application.

For those interested, the specific part of federal law making the sale illegal is 18 USC 922(d)(3).

(d)It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));


21 U.S.C. 802(6): The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter.

Marijuana or cannabis is considered a Schedule I drug. Despite the number of states legalizing marijuana for recreational or medical purposes, it is still considered illegal under federal law. The DEA has upheld this decision to keep marijuana Schedule I as of August, 2016.

For those that would argue: how does having a medical marijuana card translate into possession or use of the substance?

The Federal Appeals Court ruled that it does. It comes down to ‘reasonable cause’.

“if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance,” meaning “you may not transfer firearms or ammunition to the person.”

For those Federal Firearm Licensees selling or transferring firearms or ammunition, they are liable to be charged with violating a federal crime that carries a 10 year prison sentence. It also effectively ends their career in the legal firearms trade.

So, in conclusion: don’t get a medical marijuana card. It’s a trap.

While the state won’t go after you, the federal courts have firmly ruled against you in this matter and the ATF has sent out letters to registered medical marijuana card holders telling them they have ceded their right to the Second Amendment.

If you are an FFL dealer and your potential customer reveals he or she has a medical marijuana card, you are strongly urged not to risk time in prison by completing the transaction.

What other creative ways will the federal government come up with to restrict the lawful ownership and carrying of firearms? This November will surely tell.

Categories: General, News, Politics
About James England | View all posts by James England

James England is a Marine Corps veteran of Operation Iraqi Freedom and has served as a defense contractor in Afghanistan in support of Operation Enduring Freedom. His daily concealed carry…

James England is a Marine Corps veteran of Operation Iraqi Freedom and has served as a defense contractor in Afghanistan in support of Operation Enduring Freedom. His daily concealed carry handgun is a Glock 36 in a Lenwood Holsters Specter IWB or his CZ-75D PCR in an Alien Gear MOD holster.

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