Oct 21, 2011
In late September, I wrote about the letter sent by the ATF to all federally licensed firearms dealers, explaining that it was illegal to sell guns or ammunition to state-licensed medical marijuana users.
The reasoning behind this was a clause in the Federal Firearms Act that states that a person cannot purchase or possess a gun if they are “an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance.” The ATF reminded gun dealers that marijuana is still illegal according to the federal government, and that having a medical marijuana license was proof that a person fit the definition of an unlawful user or addict. Of course, a state-licensed patient is a lawful user as far as the state is concerned, but as we have seen, the feds do not care all that much about state law.
In a debate between MPP’s Steve Fox and former head of the ATF Mike Sullivan, Sullivan repeatedly claimed that the ATF’s hands were tied in this matter. Contrary to the claims that the ATF is simply reminding gun dealers about the law, the ATF actually has the discretion to define what they consider to be an “unlawful user.” In the absence of a court decision clarifying the definition, the ATF had every right to issue a memo that instead declared state-legal medical marijuana users to be lawful users and exempt from this particular status. Instead, they decided to use the vague law as a cover to deny sick people their constitutional right to bear arms.
Well, it looks like this might get cleared up in the (reasonably) near future.
On Oct. 4, outspoken Nevada medical marijuana advocate Rowan Wilson was denied purchase of a handgun due to her status as a patient. On Oct. 17, she and her attorney announced that she is suing the ATF and the federal government.
If this case goes to trial, federal judges will have the ability to determine whether patients in jurisdictions that allow the medical use of marijuana are, in fact, unlawful users pursuant to federal firearms laws.
Let’s hope they side with Ms. Wilson.
So far, gun rights activist groups like the National Rifle Association have been largely silent on this issue, but smaller organizations such as the Montana Shooting Sports Association and the Independent Firearms Owners of America have offered their support.
When asked why gun rights activists should support medical marijuana patients in this instance, IFOA president Richard Feldman said, "Republicans, Conservatives and independents need to face the dire economic realities facing our nation and stop funding programs like the war on drugs that don't work, corrupt law enforcement and grow criminal enterprises. Our experience with alcohol prohibition teaches us how to lessen both the harm and the costs to society from banning substances which otherwise law abiding individuals will pursue. As gun owners many of us subscribe to the maxim, 'Better to be caught by the police with one, than by a gang banger without one'! It's time American face reality, deal with it intelligently, and stop protesting it, regardless of the 'it' being guns or marijuana."