Do medical marijuana users have right to bear arms? No, says ATF

MSNBC ^ | 09/29/2011 | Matt Volz

[LonelyCon]

Firearms dealers in states that allow medical marijuana can't sell guns or ammunition to registered users of the drug, a policy that marijuana and gun-rights groups say denies Second Amendment rights to individuals who are following state law.

Federal law already makes it illegal for someone to possess a gun if he or she is "an unlawful user of, or addicted to" marijuana or other controlled substances.

A Sept. 21 letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives, issued in response to numerous inquiries from gun dealers, clarifies that medical marijuana patients are included in that definition. "There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law," said the letter by Arthur Herbert, the ATF's assistant director for enforcement programs and services.

Federal firearm licensees, or FFLs, can't sell a gun to someone who answers "yes" when a required form asks whether the buyer is a controlled substance user.

Last week's letter also says that licensed dealers can't sell a gun or ammunition if they have "reasonable cause to believe" the buyer is using a controlled substance.

That includes if the buyer presents a medical marijuana card as identification, or if the buyer talks about drug use, having a medical marijuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.

[LonelyCon]

If medical marijuana is grown, sold, and used in one state, it has nothing to do with interstate commerce, and the Feds. don't have the Constitutional authority to regulate it. Now they're trying to deny Second-Amendment rights to those whose states allow them to posses and use marijuana. Any excuse to grab the guns of law-abiding Americans.

[DTogo]

Federal firearm licensees, or FFLs, can't sell a gun to someone who answers "yes" when a required form asks whether the buyer is a controlled substance user.

But FFLs can sell guns, preferable in bulk and of an "assault" nature, to someone who answers "yes" when a required form asks whether the buyer is strawman for a Mexican drug cartel.

[rolling_stone]

ATF cant seem to get anything right...close em down.

[Free Vulcan]

But if you want to buy guns to smuggle them over the border..

Well that’s OK then cuz the BATF will just look the other way.

[SWAMPSNIPER]

The issue here is, to me, anyway, is allowing ATF or any other agency so much discretionary power.

[Gene Eric]

What about bear feet?

[KC_Lion]

The government will use ANY excuse to try and deny Second Amendment rights to people, and the fact that they over step to Commerce clause doesn't mean a damn thing to them!

I think this may call for a Libertarian Ping!

[Erik Latranyi]

Given the vast majority of medical marijuana users are also liberals, I expect this will be changed quickly.

[rokkitapps]

re: the atf.. this is fast and furious, but too good not to share and didn't want to start a thread..

[MrB]

If it were up to your average ATF bureaucrat,
no one (except government agents) would have the right to bear arms.

[org.whodat]

Druggies will beg borrow and steal to try and put their drug usage in a debate. Sorry Illegal is illegal.

[svcw]

Where is your source for that claim?

[tacticalogic]

Technically, even prescription drugs are “controlled substances”. It sounds like they could adminstratively declare it also applies to anyone taking any kind of prescription medication if they want to.

[digger48]

Federal law already makes it illegal for someone to possess a gun if he or she is "an unlawful user of, or addicted to" marijuana or other controlled substances.

I'd sure like to see that statute.

How do they determine that without a conviction for the "unlawful" act?.

It takes a felony conviction to lose your right to possess a handgun here. Most states are a mere misdemeanor for usage or possession of pot, aren't they?

[wardaddy]

ping...kind of along the lines we were discussing

[momtothree]

There is something I don’t quite understand? If a person is allowed to have medical marijuana then it isn’t illegal correct? It is a controlled substance no different than if one is prescribed Tylenol #3 for a toothache or a muscle relaxer for a back condition. So... will ATF deny anyone the right to bear arms if they had been/are currently on any controlled pharmaceutical drug?

[M Kehoe]

It would be nice if the BATF were to follow the law first. You know, so they could set a good example for the rest of us.

5.56mm

[discostu]

Do people with codeine have a right to bear arms? What about oxi? Prescriptions are prescriptions, even if the fed doesn’t like some of them.

[blueunicorn6]

Stupid, lazy and cowardly American illegal drug users are so stupid, lazy and chicken that they won’t change their reality, so they use illegal drugs to try and hide from their reality for a few minutes and thereby fund some of the most vile and vicious criminals this world has ever know.

[Erik Latranyi]

Where is your source for that claim?

None, just my understanding of liberals.

If you were libertarian, you would support legalization.....not a backdoor legalization under the auspices of medical need.

Libertarians that support medical marijuana are not libertarians.