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Ninth Circuit Court Upholds Ban on Purchasing Guns for Those with Medical Marijuana Card

Marijuana Concealed Carry

A federal ban on the concealed carry guns to medical marijuana card holders does not violate the Second Amendment of the U.S. Constitution, according to a federal appeals court, this 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.

The ruling came in a lawsuit filed by S. Rowan Wilson, a Northern Nevada woman who tried to buy a firearm in 2011 after obtaining a medical marijuana card. The gun store refused the purchase, citing that the federal rule on selling firearms to illegal drug users.

Marijuana remains illegal under federal law, and the Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun dealers that they can assume a person with a medical marijuana card uses the drug.

The 9th Circuit in its 3-0 decision agreed that it’s reasonable for federal regulators to assume a medical marijuana card holder is more likely to use the drug.

In addition, a ban on the sale of guns to marijuana and other drug users is reasonable because the use of such drugs “raises the risk of irrational or unpredictable behavior with which gun use should not be associated,” Senior District Judge Jed Rakoff said.

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