Federal gun-buying ban upheld for medical marijuana cardholders

 

A federal appeals court upheld the federal ban on the sale of guns through federally licensed firearms dealers to individuals who hold medical marijuana cards, agreeing that possession of a card gives a dealer “reasonable cause to believe” that a person is an unlawful drug user.

A Nevada woman brought the case after a gun store owner declined to sell her a firearm, citing the federal rule banning the sale of guns to illegal drug users because he knew she possessed a medical marijuana card.

A unanimous ruling Wednesday by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, based in San Francisco, upheld a lower court decision that dismissed the woman’s claims.

S. Rowan Wilson sought to buy a firearm from a gun store in the small town of Moonstone, Nevada, in 2011, several months after obtaining a medical marijuana card in the state. Gun shop owner Frederick Hauser stopped her as she was filling out required paperwork for the purchase, saying he could not sell her a firearm because he knew she had obtained a medical marijuana card.

Medical marijuana has been legalized by eight of the nine states covered by the 9th Circuit ruling — with recreational marijuana also being legal in Alaska, Washington and Oregon. But the federal government still outlaws pot as a Schedule I controlled substance

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