The 9th Circuit is at it again.
Is this the ‘right call’, or is it an unjust usurpation of gun rights?
The Ninth Circuit is well-known for how many of its rulings have been overturned, and for its heavy tilt favoring Liberal policy and agendas.
Is this ruling an example of them trying to nibble away at the Second Amendment? Or is their ruling something that should legitimately disqualify a gun owner?
The Ninth Circuit — rightly or wrongly, depending on your view — just used a broad understanding of the law to add another group of people to the prohibited list.
First, here is a quick review of which sort of people who can be prohibited from lawful gun ownership:
Identify Prohibited Persons
The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the Armed Forces under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence. — ATF Website
The Ninth Circuit ruled that, if you have a medical marijuana card, you can’t buy a gun.
The case in question is even more complicated than that.
Though marijuana has been legalized in some places on a state-by-state basis, it remains illegal under federal law. The court maintained that drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
Wilson claimed that she doesn’t actually use marijuana, she simply obtained a card to show her support for its legalization. The appeals court agreed with guidelines from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives that firearms sellers should assume that medical marijuana card holders use the drug. —Fortune
She acquired the card as an act of political support for a cause. Which means she is not, herself, even a drug USER. But she is prohibited from owning a firearm now because she holds that card.
Where do YOU stand on this issue? Should it disqualify, or is the Ninth Circuit overreaching… again?
If you have a different answer, drop it in the comments.
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