ISSUE
Can medical marijuana card holders buy firearms legally under federal law?
SUMMARY
In August, a three-judge panel of the Ninth Circuit Court of Appeals affirmed a decision by the U.S. District Court of Nevada, which held that the holder of a medical marijuana card could not purchase a firearm (Wilson v. Lynch, F.39---(2016), (2016 WL 4537376)).
ATF Regulations
ATF has adopted regulations implementing the federal law. On September 21, 2011, ATF issued a letter to gun dealers stating in part that:
Any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. . . . if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person. . . . (Open Letter to all Federal Firearms Licensees dated Sept. 21, 2011).
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