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**Naples Gun School's Note: As of January 16, 2016 all Federal Firearms License (FFL) Holders (i.e. firearms dealers) MUST use a newly revised ATF Form 4473 for standard firearms sales/transfers. This form specifically reminds those applying to obtain a firearm in question 11e marijuana is still illegal under US Federal law, regardless of the recreational or medical marijuana laws in one's state.

 

Ninth Circuit Appeals Court Says No to Guns for Medical Marijuana Users

by Max Slowik

The 9th U.S. Circuit Court of Appeals has ruled that federal laws that prohibit drug users from purchasing firearms still apply to medical marijuana users, even in states where marijuana use has been decriminalized for medical or recreational use.

The majority of states have decriminalized marijuana use to some degree. However, at the federal level, the drug is still regulated as a schedule one narcotic, the same as heroin. Because of this, the court upheld the lower court’s ruling that allowed a gun dealer to deny a gun sale to a person with a medical marijuana card.

According to the ATF’s Form 4473 — the background check form — a person who is an unlawful user of marijuana or marijuana addict is not legally allowed to purchase guns from an FFL.Federal Government  ATF says no to pot users

In 2011 an Arizona gun store declined to sell a woman a firearm, even though she had not disclosed her planned marijuana use. The store owner had outside knowledge that the woman, Rowan Wilson, had obtained a medical marijuana card and refused to sell her a gun.

This latest ruling maintains that federal law, not state law, should be followed when buying and selling guns. Marijuana users are not fully stripped of their Second Amendment rights under this ruling, however.

The ruling says that gun dealers aren’t allowed to transfer guns or ammunition to illegal — under federal law — marijuana users. But these people may continue to own guns and maintain their right to self-defense. The court decided that the infringement was not “severe” enough to breach the plaintiff’s constitutional rights.

“Wilson could have amassed legal firearms before acquiring a registry card,” reads the ruling (.pdf). The ATF would “not impede her right to keep her firearms or to use them to protect herself and her home.

“In addition, Wilson could acquire firearms and exercise her right to self-defense at any time by surrendering her registry card, thereby demonstrating to a firearms dealer that there is no reasonable cause to believe she is an unlawful drug user.”

Basically, the court is saying that Wilson could pre-buy guns and ammo, and because of that she maintains her Second Amendment rights. As long as she continues to have and keep her medical marijuana exemption, she cannot buy guns or ammunition.

While federal law may inhibit Wilson’s gun rights, they also prevent federal agencies from prosecuting medical marijuana users. Under the Consolidated Appropriations Act of 2016 the Department of Justice is barred from using congressional funds to prosecute cases against individuals in states where marijuana has been decriminalized.

The court maintains that there is a strong link between drug users and violence — the very core of the ban. The law is there to prevent illegal drug users from owning guns. At the same time, the court is seemingly pointing to a new course of action against the federal law.

“The Government argues that [there is] … a strong link between drug use and violence,” argues the court. “Studies and surveys … suggest a significant link between drug use, including marijuana use and violence. While it would have been helpful for the government to provide the studies in this case, Wilson has not challenged their methodology. We therefore have no occasion to evaluate the reliability of the studies and instead accept them.”

“By citing to the link between unlawful drug users and violence in this case, however, the government incorrectly conflates registry cardholders with unlawful drug users,” it continues. “The government’s showings of the links between drug use and violence would be sufficient were we applying intermediate scrutiny.”

The court continues to explain that it’s not what Wilson is challenging but how. “Wilson flatly maintains that she is not an unlawful drug user and is instead challenging a set of laws that bar non-drug users from purchasing firearms.”

No matter how many states, districts and territories decriminalize and regulate marijuana, the federal position on pot and guns remains unchanged. For now, the court maintains that these laws do not completely bar people from exercising their Second Amendment rights — they just can’t buy guns or ammo as long as they use marijuana.

Wilson may attempt to take this to the Supreme Court, although the court has a recent history of upholding statutes and federal law. Realistically, if marijuana users want to buy guns — and gun owners, vice versa — marijuana laws need to change from the top down.

Source: https://www.gunsamerica.com/blog/court-says-no-guns-medical-marijuana-users/

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Naples Gun Shop & School | 347 Airport Road N, Naples, FL 34104 | (239) 285-4011

 

Reviews

Naples Gun School - 5 stars Great class!! There was a lot more hands on instruction than the class that I had in Tennessee. David was knowledgeable and entertaining. Good insights on Florida law. My wife will be taking the class shortly. Thanks David. Kevin 9/15/2018

  I thoroughly enjoyed the concealed weapons class on 8/11/18. The class went beyond my expectations. Dave you are an awesome instructor and made the class fun. I would highly recommend Naples Gun Shopping and School! Thanks for sharing your knowledge! - Teresa Cannon

David is an excellent instructor. The class is excellent and exceeded my expectations with information on the laws of Florida, and as well to carry properly, load the weapons as well as placement of holding weapons. If your looking to buy a weapon he is the man to go to. I personally bought my firearm from. - Carlos Casiano

Naples Gun School - 5 stars  Martha Hohenthaner

Naples Gun School - 5 stars  This was a very good class. I did not have to take it, as I am a Veteran, however it is a good idea. I learned a lot about Florida Law I did not know. It will in the long run help keep you out of trouble. David was very patient with my wife when we live fired, because she has arthritis and had a hard time pulling the trigger in double action mode. Good Job David thanks so much..Joseph Hohenthaner

Naples Gun School - 5 stars  The class was engaging and as fast paced as it can be. The instructor was knowledgeable and worked well with a class spanning all the levels of experience and age you can imagine. I also felt it was fairly priced, especially as you just had to bring yourself and an ID - all other supplies were, er, supplied.Cliff Elam 

Naples Gun School - 5 stars  Naples Gun Shop & School gets an A+ in my book! David and Ginny were great. I took the CWP class today 7/21/18. Both are extremely knowledgeable and easy to talk to. David is one of the best instructors that I have had the pleasure of meeting. I highly recommend Naples Gun Shop & School. Best prices, Great training, and easy to deal with. I will definitely be returning to do further business. Thank you David & Ginny....see you soon!Nicholas Lupo

Naples Gun School - 5 stars  I've been a repeat customer for FFL transfers with Naples Gun School for quite some time. Dave's customer service and knowledge are second to none. After speaking with Dave for a few moments, you start to feel as if you have known him for quite a while. I look forward to continuing my business when the new location opens. - Robert Boyette

I really enjoyed the class yesterday, and it was very nice to meet David and Ginny. David is very knowledgeable, helpful, and best of all: has a sense of humor. I was more nervous than I thought I would be because this was the first time in my life that I've ever shot a semi-automatic weapon. David lives and breathes this stuff and his presence and ease with weapons was very calming for me when I was at the range. Ginny was also very supportive throughout the whole class. Thank you guys so much! It's a pleasure and I will be back to purchase supplies from you! - Shenandoah Webb

Naples Gun School - 5 starsTook the 3/31/18 class and loved it! Dave was very informative and his laid back teaching style made the 4 hour class fly by. Would recommend this class to anyone interested in a CWP. Thanks Dave and Ginny! - Kelly Gardner

Naples Gun School - 5 stars I’d like to thank The Naples Gun School for the time and effort they took in order to help me become a more responsible hand gun owner. By taking your CCWP class on 3.31.2018, I’m honestly a better person today than I was yesterday. Your course is not only interesting, but informative as well. The time we had together flew by. Throughout the whole process, they were calm and patient with every student. Especially after everyone seemed to drop their cartridges on the floor during the revolver training portion of the program. I highly recommend Naples Gun School to anyone that’s interested in becoming a CCWP holder. And I definitely will use their services by purchasing all my gun needs through their establishment. David & Ginny, thank you so much. I had a wonderful time!Chris Shaffer

Naples Gun School - 5 stars This class kept me very interested, informed and didn’t even realize 4 hours went by! Would recommend everyone to take this class! - Douglas Shaffer

Naples Gun School - 5 stars - Lurybella Lora Trejo

 

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