As the vast majority of Americans inch towards embracing the idea of legalizing marijuana, gun owners have something new to worry about.
The 9th U.S. Circuit Court of Appeals has ruled that those carrying medical marijuana cards can’t legally possess a firearm. Fortune Magazine says the ruling was made under the sentiment that weed and guns can never mix because those who light up become “irrational and unpredictable.”
In other news, the presiding judge never smoked a joint or attended a college party in his life. Or listened to a Pink Floyd album.
The lawsuit originated in Nevada where S. Rowan Wilson, who has a medical marijuana card, was denied a firearm she wanted for “self-defense.” She argued she was stripped of her gun rights without due process. The court sided against her, citing the federal rule that bans the sale of firearms to illegal drug users.
Yes, even in a state where medical marijuana was perfectly legal: federal law trumps state law. And federal law classifies marijuana as an illegal substance.
This affects every state because gun-sellers have to remain compliant with the jurisdiction of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. In other words: until marijuana is legalized on the federal level (good luck with that happening) users will never be able to legally obtain a firearm.
Considering Governor Malloy’s anti-gun stance, chances are he has assembled his own form of legal avengers to see how this can make his dreams come true as the state begins to accept studies in favor of medical marijuana legalization. To be honest, this recent gun ruling may have sped up the process of getting it approved.
To which, obviously, gun rights activists are saying our 2nd amendment rights are under attack. This time, the claim is that this is the government’s Trojan horse: the ultimate backdoor attempt to grab our guns because not everyone is aware of the law. To be frank, this claim may have some merit considering how more and more people are rallying for marijuana legalization across the board.
In short, you can’t have your cake and eat it, too.
In addition, this ruling sets up another dangerous precedent which lumps marijuana users with other drug users when it comes to violence. At least, that’s what Alex Kreit, marijuana law expert at the San Diego’s Thomas Jefferson School of Law, predicts.
So, what’s your prediction? Will marijuana be the tool that finally unravels the 2nd amendment… or are people freaking out over nothing?