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, Washington and Oregon.
It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.
Marijuana remains illegal under federal law.
Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.
She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.
The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.
The court also said Congress had reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
Well there you have it, the 9th U.S. Circuit Court of Appeals has the power to decide whether or not you are allowed to exercise a constitutional right…
This isn’t all that surprising, this is kind of the 9th Circuit’s “thing” now, but it is still a scary precedent.
Even though the plaintiff was not a “marijuana user” the court decided that due to her having a marijuana card, she’s more likely to use the drug and make irrational decisions.
This isn’t meant to spark a debate over the legalization of marijuana, but to shed light on what just happened here.
A few judges took away this woman’s right to protect herself (along with anyone else in their district with a marijuana card) because gun use should not be associated with POSSIBLE irrational behavior.
Next you’ll hear about someone losing their gun rights because a credit card statement showed the purchase of a case of beer. And since alcohol could possibly cause irrational and unpredictable behavior, it’s better to be safe than sorry.
Courts are not only deciding which rights you do do not have. They are deciding how responsible you are.
Like strict, over-bearing parents with too many rules, you can only push a kid so far until they rebel…