The 9th Circuit Court of Appeals has once again made an . . . interesting ruling.\u00a0 This time it concerns gun ownership.<\/p>\n
Predictably, the 9th Circuit came down on the side of restricting gun ownership. But this case has a few twists.\u00a0 And I\u2019ll be damned if I don\u2019t think the 9th Circuit might actually have gotten this one correct, legally speaking.<\/p>\n
Hey – stopped clocks are right twice daily, remember?<\/p>\n
The case in question involves both marijuana and firearms.\u00a0 Some states issue \u201cmedical\u201d marijuana cards to people authorized to purchase the drug for \u201cmedicinal\u201d purposes.\u00a0 Yes, the quotes here are intentional.\u00a0 Anyone with half a brain knows that a substantial percentage of such applications for the \u201cmedical\u201d use of marijuana are bogus.<\/p>\n
However, while marijuana has been \u201cdecriminalized\u201d 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<\/em><\/a>.<\/p>\n Regarding the case in question:\u00a0 it seems a lady in Nevada having such a \u201cmedical\u201d marijuana card applied to purchase a firearm.\u00a0 The dealer refused to sell her one, citing BATFE guidance that they could assume \u2013 based on the her having been issued a \u201cmedical\u201d marijuana card \u2013 that she was a user of marijuana and thus lawfully could not purchase a firearm.<\/p>\n