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Guns Marijuana: Medical Pot Users Can't 'Bear Arms,' Court Rules

Marijuana,Marijuana Legalization,Gun Control And Gun Rights

From the Right

Guns and marijuana users don't go together, said a federal appeals court in upholding a ruling that medical pot users cannot buy weapons and affirming that "the Second Amendment does not protect the rights of unlawful drug users to bear arms."

The Ninth Circuit Court of Appeals three-judge panel in San Francisco on Wednesday set back the case of S. Rowan Wilson who was denied the purchase of a firearm in 2011 after she obtained a medical marijuana card in Nevada, said Reuters.

"The panel held that plaintiff's Second Amendment claims did not fall within the direct scope of United States v. Dugan, which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms," said the court's ruling summary.

"… Applying intermediate scrutiny, the panel nevertheless held that the fit between the challenged provisions and the Government's substantial interest of violence prevention was reasonable, and therefore the district court did not err by dismissing the Second Amendment claim. The panel rejected plaintiff's claims that the challenged laws and Open Letter (issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to federal firearms licensees, which prevented plaintiff from purchasing a firearm) violated the First Amendment."

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