What You Need to Know About Gun Rights and Medical Marijuana Cards

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An interesting case was ruled on this year by the Ninth Circuit Court regarding gun rights for people who hold medical marijuana cards.

Rowan Wilson, a Nevada resident attempted to purchase a firearm in that state.  After contacting a gun dealer Wilson was refused a firearm because of her possession of a medical marijuana card.

Fox 61
Fox 61

The gun dealer declined to sell Wilson a firearm because of a federal law that prevents the sale of firearms to known drug users. So Wilson filed a lawsuit against attorney General Loretta Lynch and thus the case of Wilson v. Lynch was born.

This case presents an interesting questions.

Does someone give up their Second Amendment rights when they legally acquire a medical marijuana card?  With many states legalizing the use of recreational or medical marijuana, we reach an interesting federalism question where federal drug laws prevent the sale of firearms to drug users, but a number of states allow the legal use of drugs like marijuana.

This case brings odd groups of people together.  Outside of the Libertarian Party, it isn’t often you get the pot people and the gun people together to oppose something.  Of course the incredibly liberal and anti-gun Ninth Circuit ruled in favor of the federal government upholding the law and preventing folks with medical marijuana cards for purchasing firearms, despite their Second Amendment rights.

While this case has the possibility of moving up to the Supreme Court, it would not for a while.  Regardless, cases of this nature highlight some of the questions that need to be answered either by congress or state legislatures.

However, if the courts are going to rule that applying for a medical marijuana card constitutes the due process necessary to restrict Second Amendment rights, then it is something we should all pay attention to.

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