upper waypoint
A .357 Magnum revolver on display at the Los Angeles Gun Club. Kevork Djansezian/Getty Images
A .357 Magnum revolver on display at the Los Angeles Gun Club. (Kevork Djansezian/Getty Images)

Court Upholds Ban on Gun Sales to Medical Marijuana Cardholders

Court Upholds Ban on Gun Sales to Medical Marijuana Cardholders

Save ArticleSave Article
Failed to save article

Please try again

SAN FRANCISCO — A federal government ban on the sale of guns to medical marijuana cardholders does not violate the Second Amendment, a federal appeals court said Wednesday.

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, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.

The 9th Circuit in its 3-0 decision said Congress reasonably concluded that marijuana and other drug use "raises the risk of irrational or unpredictable behavior with which gun use should not be associated."


The court also concluded that it's reasonable for federal regulators to assume a medical marijuana cardholder was more likely to use the drug.

Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal.

"We live in a world where having a medical marijuana card is enough to say you don't get a gun, but if you're on the no-fly list your constitutional right is still protected," he said.

The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.

Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said the idea that marijuana users were more prone to violence is a fallacy.

"Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens," he said.

lower waypoint
next waypoint
Tahoe Storm Forecast: Why Sierra Driving Will Be 'Extremely Difficult to Impossible' This WeekendHidden in the Oakland Hills Is An Outdoor Gallery of MuralsPolitical and Legal Fallout Continues After Alabama IVF RulingMacy's to Close Flagship San Francisco Union Square StoreUC Berkeley Officials Denounce Protest That Forced Police to Evacuate Students at Jewish Event on CampusElection 2024: SF’s Prop F Would Cut Cash Aid for People Who Use Drugs and Refuse TreatmentDespite Decades of Warnings, People Are Still Dying After Police Hold Them Face DownNewsom Vows to Take Latest Recall Effort 'Very, Very Seriously'These Are the 4 Oakland Police Chief Candidates Mayor Sheng Thao Will Consider for the JobTeachers, Legislators Struggle to Ban 'Out of Control' Phone Use in Schools