The 9th Circuit Court of Appeals has once again made an . . . interesting ruling. This time it concerns gun ownership.
Predictably, the 9th Circuit came down on the side of restricting gun ownership. But this case has a few twists. And I’ll be damned if I don’t think the 9th Circuit might actually have gotten this one correct, legally speaking.
Hey – stopped clocks are right twice daily, remember?
The case in question involves both marijuana and firearms. Some states issue “medical” marijuana cards to people authorized to purchase the drug for “medicinal” purposes. Yes, the quotes here are intentional. Anyone with half a brain knows that a substantial percentage of such applications for the “medical” use of marijuana are bogus.
However, while marijuana has been “decriminalized” by some states, its use remains unlawful under Federal law. And Federal law currently bans the possession of firearms by those who use illegal drugs.
Regarding the case in question: it seems a lady in Nevada having such a “medical” marijuana card applied to purchase a firearm. The dealer refused to sell her one, citing BATFE guidance that they could assume – based on the her having been issued a “medical” marijuana card – that she was a user of marijuana and thus lawfully could not purchase a firearm.
The lady took the matter to Federal court. To her chagrin, the 9th Circuit Court of Appeals upheld the BATFE’s interpretation of Federal law. They ruled that she could indeed be presumed to be a user of marijuana, which is still illegal under Federal law – and was therefore not legally entitled to purchase or possess a firearm.
So: in 9 western states, having a “medical” marijuana card now also means, “No gun for you!” Presumably the same is also true for those having prescriptions and other certifications allowing “medical” marijuana use within one of those 9 states.
I personally love the irony here. Many if not most favoring wholesale legalization of marijuana are politically leftward-leaning. Well, in any of the 9 western states 9th Circuit states where “medical” use of marijuana has now been made legal, this ruling appears to say that if someone gets some form of permit allowing “medical” use of marijuana . . . they’ve just effectively declared themselves to be a drug user – and can no longer can legally purchase or possess a firearm.
Law of unintended consequences? You betcha. That law is always in effect.

