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The Second Amendment Foundation (SAF) has filed its opening brief with the U.S. Court of Appeals for the Third Circuit in Greene v. Bondi, challenging the federal prohibition on firearm ownership for medical marijuana patients.
The case is on appeal after a district court dismissed SAF’s initial challenge. SAF is joined by two private citizens: Robert Greene, district attorney of Warren County, Pennsylvania, who holds a state-issued medical marijuana ID card, and James Irey, a disabled veteran seeking medical marijuana to treat service-related injuries without giving up his right to keep and bear arms.
A Constitutional Clash
At the heart of the case is the federal classification of marijuana as a Schedule 1 narcotic, even in states where medical use is legal. SAF Executive Director Adam Kraut described the conflict bluntly:
“Unlike prescription pain pills, marijuana is federally classified as a Schedule 1 narcotic, even if a state has legalized it for medical purposes. That poses a dilemma—either give up your Second Amendment rights or receive relief from your symptoms. This is an absurd choice.”
The SAF brief argues that there is no historical tradition in the United States of banning firearms for people lawfully using state-authorized medical treatments, making the restriction unconstitutional under the Second Amendment.
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Burden on Citizens
SAF founder and Executive Vice President Alan Gottlieb emphasized how the conflict between state and federal law places ordinary Americans in a bind:
“If a person chooses to legally use medical marijuana it should not automatically translate to surrendering their Second Amendment rights. As more and more states legalize the use of medical marijuana, this restriction puts an undue burden on citizens.”
What Comes Next
As the appeal moves forward in the Third Circuit, SAF says it remains committed to overturning the federal ban. For Greene, Irey, and countless others, the choice between lawful medical care and constitutional rights remains a pressing legal and personal struggle.
Learn more HERE.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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I disagree with pot smokers being allowed to buy firearms…many don’t stop there and being under the influence of any drug while possibly usibg a firearm is of course dangerous. Don’t forget illegal seller’s of drugs usually add other drugs to their MJ
In Illinois, the State Police administers the firearm background checks. The State Police has informed dealers that anyone with a Medical Marijuana Card will not pass the background check. They will not actually fail the background check. They will simply not respond to the request for the check. In Illinois, dealers cannot transfer a firearm without an approval, even after the 72 hour rule. The transfer will die waiting for the approval, which will never come. This is not a law or even a regulation. It is just department policy.
Typical government over-reach. A lot of elderly people, including my 89 year old aunt, routinely use medical TLC produces to help with arthritis and other health issues. Before retiring I worked in the transportation industry where there is zero tolerance on a failed drug test, which means any cannabis product containing delta-8, 9, or 10 will cause you to fail the federal drug test because it doesn’t differentiate between the different delta’s.
Delta-9 in marijuana is typically the chemical associated with psychoactive prosperities, -8 and -10 do not. I have used gummies containing a low-dose of delta-8 and -10 that eases arthritis pain with zero side effects, and without having to take tramadol or other product that contains addicting opioids.
So should elderly folks, or anyone for that matter, loose their 2nd amendment right because they use a cannabis product that eases their pain — HELL NO!
Anyone who is against marijuana users owning guns falls into one or more of three categories:
1) uninformed on the subject due to lack of actual exposure to the substance
2) a little too bought into the Nancy Reaganesque narrative of the “just say no” era
3) loves gun control and taking rights away from their fellow citizens
So which one are you, Fudd Boy?
don’t need to smoke it to see what drugs do in my neighborhood got 2 drug houses on my street, cops don’t come around until someone gets shot, and nobody here started on hard shit they all started on pot!
a real fudd is an expert that knows nothing
seeya fudd boy
Well, Paula – it sounds like you should have tried a tioke or two – you could use a little mellowing out.
From what you said, you live in a real armpit of a neighborhood. Maybe if you spent more time improving your own life instead of moronically trolling people online, you could afford to move out of the hood. If that’s too ambitious a goal for you, focus on smaller endeavors – like learning how to speak your native language properly (if I were you, I would find someone who can teach me how to capitalize words and utilize punctuation correctly). That way, no matter how intellectually vacant your “thoughts” are, at least you’ll be able to communicate them effectively.
As far as the “drug houses” in your trailer park that you described go – it sounds like you have no actual knowledge of the people in those houses or what actually transpires there. No, Paula – you sound like an old person who speculates wildly about anyone in their neighborhood under the age of 50 and has no basis of fact to inform their decision.
Put down the keyboard, Paula and go back to yelling at clouds – that’s much more your speed.
Dude, you’re just an authoritarian like all the other Antis. Your personal situation is no excuse for restricting the civil rights of others. Go Bloomberg elsewhere.
I completely agree. I had a much longer, more detailed reply to Paul’s drivel – but the moderator on this site doesn’t allow real discourse.
yeah you’re all going to die without those drugs, gotta wonder what lengths you will go to to get them? i figure some of you are already doing the hard shit! come on down to my hood and buy your drugs, i see you in fancy cars being all cool getting your fixes down the street, one day someone is going to want your ride and guess what they will get it!!!
p.s. coming from the likes of you people i consider your untrue insults a compliment .
Blow it out your ass, jagoff. I don’t imbibe in marijuana or other drugs, drive a beater F150, and work 50hrs a week putting food on the table and keeping a house for my family. You on the other hand clearly sound like someone with mental issues and an Internet hookup. Recommend you drop the latter and seek therapy for the former.
hell just a few weeks back you said you did……what is true here and what is hallucination flip boy?
Wrong. Do you realize other people on this forum go by Brian, or are you stupid? I’ll use short words so you can understand: I. DO NOT. smoke. marijuana…shit, that last one was a big word, you’re probably beFUDDled.
well brianna i can see where 50 hrs a week would be hard on you but there are jobs where one can get that time in one duty shift so boo-hoo!
not sure why my other comments to you don’t get posted, guess somebody thought you couldn’t handle them……
No shit sometimes that’s a single shift with sleep breaks built-in. That’s not the point…you made a comment implying I’m rich, and that’s sure as shit not the case….and your posts are probably being censored because they’re stupid.
whatever bitch
Gee, Teddy Bear… I don’t fall into any of your all-encompasing, three categories. I am however, watching a loved one destroy their life and seriously damage many other lives by abusing “medical” marijuana. When the process is so blatantly corrupt that anyone, including minors, can get a “medical” card online, there’s certainly no need to be waving the 2A at them and telling everyone they are responsible gun owners. I’m a lifetime member of SAF and several other 2A organizations. I’ve spent many years advocating for responsible gun owners. Just in case you didn’t catch it, the key word in that sentence is RESPONSIBLE. To assume that ALL THC users are responsible is even worse than assuming all THC users are not. Until they address the overwhelming corruption within the “medical” marijuana community, I won’t be an advocate for arming THC users. Before you bring up the subject of alcohol, or any other drug(s), pointing out a second wrong doesn’t excuse the first one. Two wrongs don’t make a right.
opening that door is a bad idea!
With all due respect, I totally disagree. This issue needs to be brought out to front-and-center because it effects millions of Americans that use those product every day that help with cancer pains, arthritis, and other maladies THC products have proven to be effective WITHOUT causing some form of psychosis.
Just because the USDA and other government agencies choose to stick their collective heads in the sand over this doesn’t mean “We the People” should do the same.
where will it end? next will be pain pills because some expert will do research and say pain pills are okay, then crack meth coke lsd convicted felons foreign nationals terrorists dem politicians…..there needs to be a line in the sand.
I hear ya man, and fully understand what you’re saying, but that’s half of the problem with Western medicine. Lets invent a pill for it, give it to the public and let them be our guinea pig and if it causes cancer we’ll quietly pull it off the market. Want an example? I had to take the covid jamb all three times because it was required for my job. Now I have permanent heart damage that I’ll have to live with for the rest of my life. What can I do about? Who am I going to sue? My company that required it? That ain’t happening. Big pharma? You know damn good and well that ain’t happening.
For thousands of years human have used phytotherapy long before Western medicines here were invented. All kind of different plants can treat different symptoms without using commercial pharma.
I’m retired, and on the usual maintenance meds most old farts have to take, i.e. for cholesterol, high blood pressure, type2 diabetes, etc.. There’s so much we don’t know about it (phytotherapy) in our country because big pharma don’t want you to know about it. But if I had a proven alternative, I’d use it. And they’re out there.
For almost 70 years I’ve been a teetotaler and none-drug user, but if something like a natural THC product is proven to treat different ailments, like cancer pains, nausea and vomiting caused by chemotherapy without getting hooked on an opioid, I’m going to use.
haven’t seen a legitimate doctor since my separation physical back in 94, no shot updates and i feel fine (for my age). i use aspirins for pain times works fine for me. the medical industry is just big business an no better than auto mechanics relying on bringing you back for more repairs! hope you stay around and enjoy for a long time!!!
sorry larry that was me i cut and pasted deadliest catch by mistake….i wanted it known so some expert can try and disparage me some more.