• 26
  • October
    2011

While most holders of medical marijuana cards may not realize it, the federal government currently has laws/regulations in place banning them from owning a firearm. Specifically, several sections of the United States Code (18 U.S.C. §§ 922(g)(3), 922 (d)(3)) expressly prohibit the sales of firearms to an "unlawful user of or addicted to any controlled substance."

Interestingly, a Nevada woman who holds a legally issued medical marijuana card from the state is now suing both U.S. Attorney General Eric Holder and the directors of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) in federal court, claiming these laws/provisions violate both her 2nd and 5th Amendment rights.

"Defendants have prohibited a certain class of law-abiding, responsible citizens from exercising their right to keep and bear arms," and have enacted provisions with the "specific intent of denying the 2nd Amendment rights of persons who have registered to use medical marijuana pursuant to and in accordance with state law," reads the complaint filed by counsel for S.R.W.

According to the complaint, S.R.W. - who holds a Nevada medical marijuana card to help treat "debilitating" menstrual cramps - was unable to purchase a Smith & Wesson .357 magnum earlier this month after being informed by the gun dealer that he couldn't legally sell her the weapon.

Specifically, S.R.W. alleges that the gun dealer referenced a letter sent to all federally licensed firearms dealers by the BATF in September 2011, instructing them not to sell firearms or ammunition to any person whom they know possesses a medical marijuana card.

S.R.W. indicates in her complaint that when she encountered a question asking, "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?" on a required form, she left it blank.

However, she states that the gun dealer later informed her that "he could not sell her a firearm without jeopardizing his federal firearms license, since he had actual knowledge that Ms. Wilson possesses a state-issued medical marijuana registry card."

In addition to seeking to have 18 U.S.C. §§ 922(g)(3), 922 (d)(3) and 27 C.F.R. § 478.11 declared unconstitutional, S.R.W.'s lawsuit also seeks compensatory and punitive damages.

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

Courthouse News Service, "Pot card holder sues over gun rights" Oct. 24, 2011