Attorneys representing the Second Amendment Foundation and two individual plaintiffs in a federal lawsuit challenging the federal ban on gun ownership by medical marijuana users have filed a brief supporting their motion for a preliminary injunction in the case.
The brief was filed in U.S. District Court for the Western District of Pennsylvania. SAF is joined by Warren County, Pa., District Attorney Robert Greene, who has served in that office since 2013 and currently possesses a medical marijuana ID card under Pennsylvania law and James Irey, a veteran who was recommended medical marijuana but has refrained from obtaining a card as it would deny his ability to exercise his Second Amendment rights. They are represented by attorneys Adam Kraut, who serves as SAF’s executive director, and Joshua Prince of Bechtelsville, Pa. Defendants are Attorney General Merrick Garland, FBI Director Christopher Wray and ATF Director Steven Dettelbach, and the U.S. Government.
The lawsuit challenges restrictions contained in 18 U.S.C. §§ 922(g)(3), (d)(3), and all related laws, regulations, policies, and procedures, including, but not limited to, 27 C.F.R. §§ 478.32(a)(3), (d)(3) which prohibit firearms purchases and possession by persons who use marijuana or other controlled substances.
In their brief, SAF and its partners remind the court that;
“Defendants have prohibited a particular class of persons, including Plaintiffs Greene and Irey, along with SAF’s similarly situated members, from possessing or obtaining a MMID, and utilizing medical marijuana for treatment, while possessing firearms and ammunition in direct violation of the Second Amendment to the United States Constitution, as held by Heller, McDonald, and Bruen.”
“Due to the law individuals are placed in the untenable situation of having to choose whether to use a medicine recommended to them by a doctor to treat their symptoms at the expense of their Second Amendment rights or exercise their rights at the detriment of their health,” said Adam Kraut, SAF’s Executive Director. “Having to make such a choice is simply wrong and we look forward to vindicating the rights of those affected.”
“It is long past the time for this restriction to be challenged,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Our lawsuit raises very legitimate issues for a growing number of law-abiding citizens whose Second Amendment rights are unquestionably and arbitrarily infringed upon. The restriction lacks any direct or analogous historical support, as required by the Supreme Court’s 2022 Bruen ruling.”
Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Have to disagree with you on this one. Society doesn’t need anyone stoned running around with a gun. Drugs are ruining our country period.
Just as booze & gunpowder don’t mix w/o dire consequences being the end result, neither does combining MJ & gunpowder. Should the Feds make the grave error of lifting the MMJ restrictions, once that portion of the “camel’s nose” is allowed to enter ” under the tent”, it’s a certainty that shortly thereafter, the “MJ Lobby” will marshall all of it’s considerable forces and resources and launch a Blitzkrieg-like Campaign aimed directly @ sympathetic & weak-willed politicians to lift all MJ restrictions pertaining to firearms, including recreational usage, be lifted. Should that lethal ‘Genie’ be loosed, there’s no going back.… Read more »
This is the dumbest thing I’ve ever heard. Just what I’d want, is to have some Chuckle Headed Fool stoned on cannabis wielding a gun. Sarcasm intended.
Legally your not supposed to carry when drinking booze, for good reason, and you try to tell me it’ll be okay when stoned?
Not. Even. Close. The real solution, is to get rid of the completely corrupted legal system/Matrix by exposing its crimes against Humanity! Why does everybody keep on running to the legal system/Matrix for anything, when it is good for virtually nothing? Just look at how many times the fake and crooked “judges” get decisions wrong, and innocent men and women have to pay the price for those mistakes? It is so rotten, that if the legal system/Matrix was some food in your refrigerator, you would have thrown the stinking, fetid piece of garbage into your trash can long ago!! But… Read more »
States legalized Marijuana because they knew that they and the federal government could use it as another way to disarm Americans.
absolutely not. If this can be used for medical purposes, it should go through FDA testing like any other medication. The fact remains that this substance is far too easily abused and therefore should remain a Schedule I narcotic and prohibited from use.
It’s far overdue for the DEA and federal law enforcement to make raids on every single one of these state approved producers and dispensaries and arrest all the bureaucrats and politicians who enabled the spread of this drug abuse.