US EditionMedical Marijuana Users Shouldn’t Lose Their Second Amendment Rights, Court Rules
The appeals court found federal gun restrictions on medical marijuana patients may violate the Second Amendment, reversing a dismissal and allowing the case to continue.
- On Wednesday, the Eleventh Circuit reversed a district court dismissal and remanded the case, with U.S. Circuit Judge Elizabeth Branch and Judges Gerald Tjoflat and Robert Luck joining the opinion.
- The 2022 lawsuit filed by Then-Florida Agriculture Commissioner Nikki Fried and medical marijuana patients challenges Section 18 U.S.C. 922, which bars users from gun ownership despite Florida voters' 2016 medical marijuana amendment.
- Plaintiffs Vera Cooper and Nicole Hansell said they disclosed medical use on the federal purchaser background-check form and gun stores refused sales, while U.S. Circuit Judge Elizabeth Branch noted they had no felony convictions and no evidence showed they were dangerous.
- The decision gives plaintiffs another chance in lower court, as the U.S. Department of Justice failed to show disarming medical marijuana users aligns with firearm regulation traditions.
- In recent months, multiple federal courts have questioned 922's broad bans, while state lawmakers and Congress face pressure from 38 states with medical marijuana laws to clarify gun rights.
12 Articles
12 Articles
Federal Appeals Court Gives Medical Marijuana Patients Who Want To Own Guns A Win - Marijuana Moment
As the U.S. Supreme Court considers a series of cases challenging the current ban on gun ownership by people who use marijuana, another federal appeals court has ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. A three-judge panel of the U.S. Court of Appeals for the Eleventh District, in a opinion authored by Judge Elizabeth Branch, departed from the ruling of a district could t…
Federal Appeals Court: Medical Cannabis Consumers Shouldn’t Lose Their 2nd Amendment Rights Federal Appeals Court: Medical Cannabis Consumers Shouldn’t Lose Their 2nd Amendment Rights
This ruling is “a huge win for freedom. No medical cannabis patient should have to choose between their rights to their medicine or their right to bear arms.” The post Federal Appeals Court: Medical Cannabis Consumers Shouldn’t Lose Their 2nd Amendment Rights appeared first on NORML.
Medical Marijuana Users Shouldn’t Lose Their Second Amendment Rights, Court Rules
A federal appeals court has handed medical marijuana patients a major victory, ruling that the government hasn’t shown that banning them from owning guns lines up with America’s long-standing traditions of firearm regulation.
Sun-Sentinel
Orlando SentinelAppeals court backs medical-marijuana patients in gun rights case
TALLAHASSEE — Siding with medical-marijuana patients in a Florida case, an appeals court on Wednesday found that federal restrictions barring pot patients from buying and using guns appears to run afoul of the Second Amendment. The federal government “failed to meet its burden … to establish that disarming medical marijuana users is consistent with this nation’s history and tradition of firearm regulation,” the decision by a three-judge panel of…
Court sides with medical marijuana users who want to buy guns in Florida case
Siding with medical-marijuana patients in a Florida case, an appeals court on Wednesday found that federal restrictions barring pot patients from buying and using guns appears to run afoul of the Second Amendment.
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